My father and mother are in middle of contested divorce. A few years back, they achieved settlement of properties between them during an ongoing domestic violence suit (filed by my mother against my father). They jointly held a plot of land (for which all payments were made by my mother) that they transferred in my name via a sale deed and my mother transferred an apartment which was in her name in my father's name via sale deed on same day (registered deeds). This apartment was a nice high-end apartment which was purchased after selling off my father's share of his ancestral property, but was purchased in my mother's name initially. Consideration amount for both these properties was same and thus, the transfer was done keeping this in mind, without actual consideration exchange. My mother also kept a small one-room apartment for herself for which my father gave an undertaking that in future he will not claim any ownership. A compliance report was filed in court and domestic violence complaint was settled. Now after two years, my father has filed case of declaration, partition, injunction to get the plot of land back saying it was transferred under emotional coercion that it was on the commitment to live together with my mother (he has filed case against me and my mother). He was able to get an ex-parte stay order. He has also filed a similar case on the small apartment that my mother kept for herself (posession and permanent injunction). My mother also got some alteration done in the small apartments' terrace, but he filed another suit saying that it is not regularized construction and made the municipal authority as one of the defendants who demolished it recently. He was able to cause damage without having any locus standi in that case. My questions are:
- He has sold off the apartment that he got in that settlement. Can any counter case be filed for that if he is going against the earlier settlement?
- How can the plot of land without any construction be partitioned?
- I have another married sibling? Does any share during partition go to that sibling?
Thanks.
