a family partition deed was written between brother sister and mother. brother chose land and sister and mother chose cash Instead of land the deed was registered 13 years ago and mother got expired 8 years ago.
now as the land price shoot up sister put a case against brother saying that he has given cash instead of land so the deed should be cancelled and should give stay/injuction order against brothers property
can she cancel the deed and get stay or injuction order?
Her main aim was not to win the case but to get stay order and blackmail brother as he is in urgent need of money And the case will take 20years to solve.
She is claiming that she has money but brother have land not money your land might worth crore but to get it brother has to sell the land.
She is saying that whenever you try to sell the land i will contact buyer and explain about litigation and threaten him with stay order even put a board in your property about the case
She is saying that I can live happily with the money I have for more than 20 years but you don't have money you need money for your daughters mirrage , education etc. you can't leave for 20year's with your money, so today or tomorrow you have to request me to withdraw the case giving my share.
You might have patta , chitta , swadinam, family partition deed , but I will get stay order after that you cant buy sell or even can't take loan you have to suffer for 20 years
Should brother surrender for sister harressment And give what she asks? Case is already on court and court summoned brother next month
Never surrender before such greedy sister. Just contest the case get the stay vacated ,even go for appeal to get the stay vacated. She has already sold her share and insist upon vacation of stay unconditionally.
Don't loose moral as she is trying mockery and seems cunning. She deserves nothnig as she appears from your statement a dishonest person.
Make sure you persisit on the stand that she has sold and has nothing to do with your land, she is now alien to your land. You will win and she will loose. She will do many thnigs to discourage you but wait and keep some patience.