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Title suit

Querist : Anonymous (Querist) 28 August 2021 This query is : Resolved 
My Nanaji did two marriages. From first wife there were two daughters and from second wife there was one daughter. After nanaji death. Partion of land was done between two wives in 10:6 ratio.
First wife sold some land during life and gave remaining property as gift Deed to second daughter with whom she was living.
The first daughter went for title suit and dragging the case for last 30 years. The case is in evidence stage now but they never turned up. After waiting for two years judge asked the defendant ( second daughter) to give evidence but things slowed down due to corona. The second daughter has also received early closure verdict from high court. The lower court judge never sits in office due to corona and case continues.
The first daughter also sold some land from gift Deed received by younger daughter during this period.
1. How the partition should happen between family
2. After request from high court to close the case soon ..how long the case will continue. can it be done on daily basis if requested?
3. The second daughter also claimed that the money received from sell of land during life time was given to first daughter. Will it be considered by court or not. Or only land left after sell will be considered for partition
Querist : Anonymous (Querist) 28 August 2021
First daughter received money from land which was sold during life time + Ornaments + some small portion of land which is unsold. In court second daughter only made claim on the gift deed saying that this was the whole property.
kavksatyanarayana (Expert) 28 August 2021
In your query in two spells, after your nanaji's death, his granddaughters (from 1st wife and 2nd wife) are majors or not? When the Partition was done, why were the daughters not included in the partition? Did the partition deed register or not by the wives of your nanaji or at least written on stamp paper?
Dr J C Vashista (Expert) 29 August 2021
Facts posted are vague and confusing.
Re-draft in simple language if you are seeking an obligation of experts on this platform.
It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts and circumstances, professional advise and necessary proceeding.
Pradipta Nath (Expert) 29 August 2021
Try to mutually settle the issue and get a Memorandum of Understanding registered between the parties.
P. Venu (Expert) 29 August 2021
The facts are misconceived.

"After nanaji death. Partion of land was done between two wives in 10:6 ratio."
The arrangement is not all partition. Was the partition deed registered?

"First wife sold some land during life and gave remaining property as gift Deed to second daughter with whom she was living"

The sale as well the gift is improper.

"The case is in evidence stage now but they never turned up. After waiting for two years judge asked the defendant ( second daughter) to give evidence ..................."

Such a procedure falls foul of the law. The suit would have been been dismissed if the plaintiff does not turn up.
Querist : Anonymous (Querist) 29 August 2021
Thanks to experts. The land was divided between wives in ratio 10:6 ( around 60:40). This was mutual understanding and no registered deed was done.
Now the case is only between first wife and two daughters.
First wife sold some land during her life and gave remaining to second daughter as gift deed. First daughter received ornaments ( for which there is no proof), money from the land sold during her life ( there is no proof) and some part of land is still left.
After death of mother first daughter claimed her right on gift deed received by second daughter.
After case they dragged the case through petition and sold some part of gift deed saying that it's their land. ( It was a registered gift deed).

They didn't turn up for giving any evidence for 2 years so judge asked second daughter to give evidence. Judge didn't dismiss the case. Is it normal in civil case that if plantiff does no turn up for evidence then the defendant has to give evidence?

Also following questions-
How the partition should happen between family 2. After request from high court to close the case soon ..how long the case will continue. can it be done on daily basis if requested? 3. The second daughter also claimed that the money received from sell of land during life time was given to first daughter. Will it be considered by court or not. Or only land left after sell will be considered for partition
1. How the partition should happen between family 2. After request from high court to close the case soon ..how long the case will continue. can it be done on daily basis if requested? 3. The second daughter also claimed that the money received from sell of land during life time was given to first daughter. Will it be considered by court or not. Or only land left after sell will be considered for partition

1. How the land should be divided between first wife and two daughters. Both the daughters were adults and married.
2. Is it possible for a mother to give more land to one daughter out of love as gift deed or only 1/3 rd of share.
3. How any one can prove the ornaments part+ money received during sale of land during mother's life time.
4. The second daughter has high court order to close this case early..still how long the case will continue.
5.why the lower court judges does not take action against plaintiff and so lenient and dragging the case for 30 years? Is it normal in civil cases



Querist : Anonymous (Querist) 29 August 2021
Sorry the questions were copy- pasted more than once. Please only take the last 5 questions.
Dr J C Vashista (Expert) 30 August 2021
Facts posted are still not very clear and confusing.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts and professional guidance to proceed.
P. Venu (Expert) 30 August 2021
Yes, the query still continues to be confusing and disjointed.


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