Raju 17 December 2019

Father, brother filed partition suit on self-earned property

After my job in 2006, I have a bought a site in 2007 paid 80% of the registration value with SBI site loan (with registration/documents on my name in the revenue office) and remaining using personal loan and my savings. I have been since paying the site loan till today.

Recently (After 12 years in 2019) my father and brother filed a partition suit on this property saying that he (father) is the one who bought this property on my name using his money. Accordingly he is claiming that the property is family property and thus be paritioned into 3.

Dear experts,

- My SBI loan approved on this site was used to pay 85% of the site. And I'm paying the loan till date using my money. Can my father still claim ownership/partition?

- Is this barred by Limitations act? as I have registered documents?

- Clearly this is frivoulous with intent to extort me. How can I counter sue them?

Kindly help advice.

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4 Replies

K Rajasekharan (Advocate) 17 December 2019

The property purchased in your name cannot be treated as family property to be divided among the family members but your own. If the facts of the issue are true as you narrated here they cannot do anything at all. Even filing of a suit may also be difficult as they cannot convincingly produce anything to show their claim prima facie.

G.L.N. Prasad (Retired employee.) 18 December 2019

The proper way is to file counter to the suit by engaging advocate. If the family is undivided and if you have taken any part of ancestral financial assistance from such joint property, they may have the right to seek partition. There are many things to be taken into consideration like possession of sale deeds, source of funds at that age for initial amount, the full amount of consideration, status and residing of the family etc., Only an advocate can help you in filing counter as the remedy is not seeking guidance but for practical action of defending a suit.

Shashi Dhara 18 December 2019

File effective written statement by engaging civil advocate and prove with necessary documents that it is your self acquired property and no one has right over it.try your best up to high court or supjreme court.they are all paper tigers just they have filed suit to grab as much as possible from you..you Shud be afraid for your father not for your brother.because your father may file suit for maintainenace against you.be polite and humble with him.tell vedanta and make him to your side.