As per my opinion u r safe with your gift deed, if it was the self aquired property of ur mother.

What options do we have to nip such frivolous suits at the bud? 

How can u say it a frivolous suit, it is court which has to decide.

What civil penalties can be instituted against litigants in our society.

If everything will go in ur favour then u may be awarded cost of the suit.

Shrinivas Sir, we have to see what kind of property it was, which is given as a gift to you by your mother and then we can say whether it is a frivoulous suit by your brother's wife. As Ashutosh Sir said, if it is a self earned property of your mother, then she can gift it to you. If it is ancestral property, then, your brother has a right in that and now your brother's wife can file a suit to claim thier share.

Dear Ashutosh & Suchitra..  thanks for the reply.

1. Property is self acquired by my Mother.

2. Suit filed is frivolous for the following reasons:

       a) Gift was for terrace.

       b) Brothers wife rasied a construction on the terrace. I filed for a recovery suit.

       c) Brothers wife filed a suit for cancellation of gift deed. Gift was executed much before she was married to my brother.

3. Civil suits take a long time. Brothers wife has filed several frivolous suits against many others and is counting that we will get frustrated and leave.

4. We would like to explore options (thru courts) to get the suit dismissed in the early stages instead of going thru the whole trial process. I would imagine there must be provisions in the code to throw out suits if they dont meet some minimal credentials.

5. I would like to explore to what extent we can pursue criminal penalties for litigants.

thanks,

Questions:

1. Is the

There is no bar to anyone for filing suit. U may consult a good civil lawyer, and wait for lnd. experts opinion, about the possibility of filling writ in the respective high court to quash or any necessary direction to those frivilous suit.

If the criminal suits are frivolous then after acqital within one year u can file a suit for malicious prosecution, which is difficult. Also u keep on consulting good lawyers.

Dear Srinivas,

After you have filed your Written Satement in the suit filed by your brother's wife, you can file a petition under Order XIV Rule 2 (2) of the Code of Civil Procedure for  deciding the maintainibility of the suit at the initial stage of the suit. However, in your case the difficulty you would face in getting the matter of maintainability decided at the preliminary stage is that by filing suit for recovery, you admit that you are currently not in possession and it may be argued on behalf of your brother's wife that the gift was not completed (Kindly refer Section 122 of the Transfer of Property Act). Although prima facie your case seems to be a good case at trial.

Apart from what has been stated above I have failed to understand as to how you are being affected by suit filed by your brother's wife (regarding delay) as you have already instituted a separate suit for recovery of possession.

Dear Rahul,

Insightful reply.

1. My Brothers wife started raising a construction during Duserra holidays. We filed an injunction suit to stop construction after the court reopened after the holidays. In that suit we also submitted an application for temp injunction. She submitted photos of a semi finished construction and we were ill advised about the need to prove possession. The PO observed that we did not submit anythign on record to show possession and dismissed the IA stating that no irreparable injury would be created by denying the interlocutary injunction. The main suit is still pending.

2. Since the dismissal of IA, the constructon was completed and she is now occupying the portion (in essense dispossing us).

3. As you suggested in their W.S they have made a claim that I am not in possession since the date of gift and in addition they also claimed that the construction was existing long back. They also raised a plea for adverse possession.

4. Meanwhile the municpal corporation has issue a notice about the illegal construction. My brothers wife filed a suit against them as well claiming there is no illegal structure and that it was existing long back. The pleading by the municipal corporation cleary state their officers asked her to stop construction and were present when she was raising the construction.

5. We amended the injuction suit to a recovery of possession suit.

6. To frustrate us, she has now filed a suit for cancellation of the gift deed.  My brothers wife is openly lying that she only came to know of the gift deed recently and filed  the suit for cancellation. We have helped my Brothers family a lot in the past and I should have letters where both my brother and his wife have acknowledged my terrace rights. Now she has done a 180 and pulling us into frivolus litigation.

It will be nice, if there was  system to prevent and stop such litigants early on in the process.

thanks again for everyone for their valuable inputs.

Dear Rahul,

Could you please verify the section of CPC related to maintainablity of the suit.

you can file a petition under Order XIV Rule 2 (2) of the Code of Civil Procedure for  deciding the maintainibility of the suit at the initial stage of the suit

Order XIV Rule 2 (2) reads as follows:

2. Court to pronounce judgment on all issues

(1) Notwithstanding that a case may be disposed of on preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues.

(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to-

(a) the jurisdiction of the Court, or

(b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.