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Nagarjuna   18 July 2019

Married daughter asking for partition in property

Dear Learned Counsels, I have bought a property in Bangalore in 2003 from Mr. X. Flow of title of the property is as follows: A person named R has received the property as gift deed from his uncle in 1950's. Mr R died intestate in 1992 and his wife in 2001. In the year 2003, Mr. X and his brothers have partitioned the said property through a registered partition deed. I bought a part of the property that fell into Mr. X's share in 2003. I have constructed a house in year 2011 in the said property and the house is in my possession. In the year 2014, Mr. X has a daughter who filed a partition and separate possession of the property by declaring the sale deed that was executed between me and Mr. X as null and void. Mr. X died in the year 2016. As I bought only a part of the property that fell into Mr.X's share, Mr.X has alienated all the other parts as well over time. Few of these properties are stil vacant. Questions I have are: 1. What chances do the daughter of Mr.X has in this suit? 2. Does court consider there is a dwelling in the said property and I am owner of it? Request your oprnion on the questions that I have


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 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     18 July 2019

Ji, what is the relationship between person A and person X?  When the daughter of Mr. X filed a suit for partition in the year 204, did Mr. X file the counter?  Suppose a property was distributed between A B C D and the shares fall in to A, B, C, D, the share of  each individual will be treated as his self acquired property.

Nagarjuna   18 July 2019

Thanks for your response sir. Mr R is the father of Mr.X .Mr.X(father) did not file counter as both daughter and father in connivance filed the suit. Daughter added me and other people who bought the properties as respondent in the suit. I received the summons now. A lawyer for other defendant filed objections and IA was rejected. In the orders rejecting the IA, court observed that the property forms as an ancestral property and suit is filed within time limit.

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