Family arrangement-joint family-gift deeds which is valid?


Respective sirs, I have given the entire case in attached file. Please go through the case patiently and give answers/advises etc.
 



Attached File : 144558 226927 52 family case.txt downloaded 62 times
 
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Respected sirs, the attached file , now  o.k  please view.
 



Attached File : 144558 227007 45 document.rtf downloaded 68 times
 
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Respected Sirs,  Please open with   NPTEPAD  OR   WORDPAD

 
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POWER OF DEFENSE IS IMMENSE

give a synopsis.

 
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 RESPECTED SIRS,  I REQUEST YOU TO ADVICE ON THE FOLLOWING CASE AND QUERIES THEREON.

HISTORY :=  MR. "F" IS FATHER,MR."S1","S2","S3", ARE SONS AND MRS."D" IS DAUGHTER. ON 09-7-1982  ALL F,S1,S2,S3 MADE A FAMILY ARRANGEMENT STATING THAT THE RESPECTIVE ORAL AGGREMENTS OF SHARES WERE BEING ENJOYED FOR LAST 25 MONTHS.  IN 1986 "F" MADE A REGISTERED WILL TO HIS GRAND SON  TO THE EXTENT OF HIS COMPLETE  SHARE . IN 1992 "S1" PASSED AWAY  IN AN ACCIDENT.  "S2" LEFT  HOME ON EDUCATIONAL SERVICE IN 1980.

SEPARATE SUB-HISTORY OF "S3" :=   "S3" WAS GIFTED 17 ACRES OF LAND AND A TILED HOUSE BY HIS PATERNAL GRAND FATHER IN 1971 WHILE "S3" IS MINOR.   "F" SOLD 3 ACRES OF LAND IN 1980 AND ANOTHER 3 ACRES IN 1984 PERTAINING TO "S3".  "S3" DATE OF BIRTH  IS 15-08-1961 AS PER HIS DECLARATION ON HIS PAN CARD. DURING THE PERIOD 1993  AND 2004 HE SOLD PART OF HIS GIFTED LAND AND DEVELOPED PROPERTIES AT HIS PLACE WHERE WORKING.

CONTINUITY OF HISTORY :=  "F" ISSUED PATTADAR PASS BOOK TO "S3" PERTAINING TO HIS GIFTED PROPERTIES AS ON THAT YEAR/DATE (IN 1996) ALONG WITH HIS SHARE MENTIONED IN FAMILY ARRANGEMENT. ALL THE REMAINING PROPERTIES IN THE SCHEDULES OF FAMILY ARRANGEMENT  WERE IN THE NAME OF "F" (PATTADAR PASS BOOK AND ON REVENUE RECORDS) EVEN TILL DATE.  IN 2003 "F", "S2",AND "S3" MADE A REGISTERED PARTIAL PARTITION OF HOUSE PROPERTY OF  "F" AS IF "F","S2" AND "S3" WERE JOINT FAMILY.  "S1"  OR HIS LEGAL HEIRS DOES NOT SIGNED ON IT.

LEGAL NOTICE BY "S3"  AND CONSEQUENCES :=  IN JUNE 2009 "S3"  ISSUED A LEGAL NOTICE  TO "F" TO COMPENSATE HIS LOSS OF ESTATE BY SELLING 3 ACRES DURING HIS MINORITY IN 1980  AND 3 ACRES  1984  DURING HIS MAJORITY WITHOUT HIS KNOWLEDGE KEEPING ALL PROPERTIES IN HIS NAME INTACT  (THE MAIN CONTENT:- "YOU HAVE HANDED OVER THE PROPERTIES OF OUR CLIENT IN  THE YEAR 2009 AND ACCOUNTED FOR MESNE PROFITS FROM 2004 ONWARDS ONLY").  "S3" TOOK  "F" (AGED 85 YEARS) TO THE REGISTRAR OFFICE AND GOT 1.5 ACRES AGRICULURAL LAND  PERTAINING TO   "S2" IN FAMILY ARRANGEMENT  AND ANOTHER 800 SQ.YARDS WHICH  INCLUDE SOME PART OF "S1"  IN FAMILY ARRANGEMENT, BY EXECUTING GIFT DEED BY "F". HE ALSO EXECUTED GIFTED DEEDS  FOR  "S1","S2", "S3" AND "D".  "F"  EXPIRED IN  DEC. 2009

COURT ISSUE :-  "S2"  FILED A SUIT AGAINST  "S3" IN THE COURT FOR RECOVERY OF HIS SHARE OF 1.5 ACRE AS PER HOS SHARE OF FAMILY ARRANGEMENT.  "S3" REPLIED IN HIS AFFIDAVIT THAT  "THE ALLEGED FAMILY ARRANGEMENT DATED 9-7-1982 IS AN  INVALID DOCUMENT  AND  UNENFORCEABLE AND IN ADMISSIBLE IN EVIDENCE. THE SAID DOCUMENT WAS BROUGHT IN TO EXISTENCE DURING HIS  MINORTY AND HE WAS NOT VERSED WITH THE CONTENTS THEREIN. IN FACT THE SAID FAMILY ARRANGEMENT DID NOT SEE  THE LIGHT OF DAY FROM 1982 TILL THE DATA OF EXCHANGE OF NOTICES IN BETWEEN THE PARTIES DURING THE YEAR 2009 AND 2010. THE PROPERTY BELONGS TO JOINT FAMILY AND HENCE AS KARTHA OF JOINT FAMILY "F" EXECUTED GIFT  DEED WHICH MUST BE ACCEPTED BY ALL MEMBERS. HEIR OF "S1","S2", AND "D"  WERE ABSENT TO THE EVENT OF EXECUTING GIFT  DEED.

QUERIES :-
(1) WHAT ARE THE CHANCES OF WINNING "S2"  IN THE COURT.
(2) DOES THE SON OF "S2"  CHALLENGE TO IMPLIMENT THE WILL IN HIS FAVOUR FOR THE ELIGIBLE SHARE TO THE EXTENT              MENTIONED THEREIN.
(3) DOES THE WILL HOLD VALIDITY? 
(4) DOES THE GIFTED DEEDS EXECUTED SEPARATELY FOR "S1","S2","S3" AND "D" WERE VALID?  CAN THEY CHALLENGED  IN              THE  COURT OF LAW?
(5)  DOES THE ARGUMENT OF "S3" THAT THE FAMILY ARRANGEMENT EXISTED DURING HIS MINORITY AND NOT VERSED ABOUT        THE CONTENTS OF IT , VALID?
(6) DOES "S3" SIGNED IN THE FAMILY ARRANGEMENT DURING HIS MINORITY?
(7) DOES THE FAMILY ARRANGEMENT INVALID IF THE SHARES OF SCHEDULES THEREIN WERE NOT ENTERED IN REVENUE        RECORDS?

NOTE: ALL PROPERTIES MENTIONED ABOVE ARE ANCESTRAL (OBTAINED FROM "F"'S FATHER).  THANKING YOU SIRS FOR                 YOUR PATIENCE TO GO THROUGH  THE ENTIRE CASE.
 
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