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. .
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.
CONTINUITY OF HISTORY := ALL THE 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 . "S3" TOOK "F" TO THE REGISTRAR OFFICE AND GOT 1.5 ACRES AGRICULURAL LAND PERTAINING TO "S2" IN FAMILY ARRANGEMENT BY EXECUTING GIFT DEED BY "F". AT THE SAME TIME 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. THE PROPERTY BELONGS TO JOINT FAMILY AND HENCE AS KARTHA OF JOINT FAMILY "F" EXECUTED GIFT SETTLEMENTS 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
