Partition suit challenged after decree by minor
M Satyanarayana
(Querist) 29 August 2013
This query is : Resolved
Sir,
I filed partition suit against my sister for my share. My sister created forged relinquishment deed after preliminary de ree to take my share in the property. After 3 years my sister's daughter who claimsto be minor at the time of purchase of land by my mother in the year 1979 now allegedly claims the said property belongs to her and she purchased the same from the same vendor one year before my mother purchased. Sister and daughter claiming the same property against ME in partition suit filed in the year 1997.
As we have given permission to stay on our land during our absence can they claim adverse position in partition suit
Kindly advise me
MSN
SANJAY
(Expert) 29 August 2013
When court has passed preliminary decree by alloting share in the family member is final. Even assuming that your mother has sold property to her daughter the said sale is illegal.
For more details contact
Sanjay, 9392465234
Rajendra K Goyal
(Expert) 30 August 2013
The claim of sister can be opposed by proving that the relinquishment deed is forged. Criminal proceedings may be started for this forgery. Claim of daughter has to be seen on merits. If the sale deed (in favor of daughter of your sister) was registered prior to purchase of your mother your claim may be under clouds.
