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Pallavi (Associate)     21 August 2011

Gift

x and y are wife and husband and they jointly purchased a site in  the year 1977 and they jointly constructed 6 portions house in the year 1979 for which they jointly obtained loan from the bank by pledging their original title deeds.   x and y are blessed with a,b,c, sons, p,q daughters and all are married.   x is a drunkard.   in the year 2003 the elder daughter by name p made her father x to drink and in a drunken state p made her father x to put his thumb impression on a paper and further x got it registered in her favour.   later x died intestate leaving behind y (wife), a,b,c, son and P,q daughters.  there is no partition between x and y.   but as per the recital of the gift deed of P it says that x and y made oral partitio of the house property in the year 1979.  and as per the contention of y there is no partiiton at all.   recently P went ot the municpal corporation to get the mutations affected in her name for the part of the proeprty which was alleged to have been gifted by her father x.     till today proeprty tax stands in the name of x adn y. what is the result,

can y, a,b,c and q file a suit for partition and declaration of theri right and title over the preorpty.  



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