Partition suite
Querist :
Anonymous
(Querist) 05 October 2022
This query is : Resolved
hello my query is recently my brother has asked for a partition suite based on the sale deed , however now the house is gift deed , registered and irrevocable gift deed,
wat options do i have to cancel the partition suite or dismiss the partition suite,
kavksatyanarayana
(Expert) 05 October 2022
I think you have already engaged a lawyer and what is his opinion? Your brother may file for withdrawal of the partition suit.
Querist :
Anonymous
(Querist) 05 October 2022
no i have not i have asked for a query
T. Kalaiselvan, Advocate
(Expert) 06 October 2022
Who purchased the property by registered sale deed and who has transferred the property to your name by gift deed?
If your father purchased the proeprty by a sale deed on his name, then the transfer of property by executing a registered gift deed in your favor done by your father cannot be challenged by your father, therefore the suit filed by him seeking partition is not maintainable.
However the opinion is restricted to the limited understanding because your question is devoid of any details.
Querist :
Anonymous
(Querist) 06 October 2022
thank you, sir, for your kind reply,
I would like state the following points
1. the property was purchased by my mother
please note father has NOT purchased the property by a sale deed on his name
my father has expired recently.
2. however at the time of purchase the sale deed was executed by mentioning my brother's name also, although the monthly payment was taken from my mother's account
3. however after he got married, he was not taken responsibility, hence it was transferred as registered gift deed on my name.
4.he has filed the partition suit based on the sale deed document, and not on the registered gift deed and the gift deed has no mention of his name it is only on my name.
I would like to know wats the best way to deal and handle it
Querist :
Anonymous
(Querist) 06 October 2022
I would like state the following points
1. the property was purchased by my mother please note father has NOT purchased the property by a sale deed on his name my father has expired recently.
2. however at the time of purchase the sale deed was executed by mentioning my brother's name also, although the monthly payment was taken from my mother's account
3. however after he got married, he was not taken responsibility, hence it was transferred as registered gift deed on my name.
4.he has filed the partition suit based on the sale deed document, and not on the registered gift deed and the gift deed has no mention of his name it is only on my name. I would like to know wats the best way to deal and handle it
because i want to know how can i dismiss it
kavksatyanarayana
(Expert) 07 October 2022
Your query is still unclear. To my understanding, the property is in your mother's name by mentioning your brother's name, your mother and brother have 1/2 share each. Then there is no necessity for your brother to file a partition suit. And the gift deed is your name but by whom it was executed? Did your mother executed the Gift deed in your favour?
R.K Nanda
(Expert) 08 October 2022
defend the partition suit of your brother in court with the help of good lawyer and get it dismissed.
P. Venu 
(Expert) 10 October 2022
The posting is too opiniated. Please post simple facts devoid of your subjective opinions.
If it is that your mother had purchased the property, what was her source of funds?
Secondly, in whose name the property was purchased?
Thirdly, is your mother alive now?
