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MURALI   03 July 2021

Partition by childrens

sir,

After demise of a father his childrens made partition deed for a property, later on only they know their father has an issue with his job, there was a attachment of property of his property. but local court dismiss the issue in favour of their father and few other staffs. Now  the employer try to file again a suit .In this stage the property still valid with the partition deed or not?

thanks,

Murali



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 July 2021

Whether the attachment order is communicated to the Sub Registrar or not?

1 Like

Dr J C Vashista (Advocate)     04 July 2021

It is better to consult a local prudent lawyer for analyses of facts/ documents and professional advise.

G.L.N. Prasad (Retired employee.)     04 July 2021

The settlement deed holds good though there may be a temporary hurdle in one property.  Please show the judgment to a competent advocate, and do not assume that employer may appeal against such judgment unless an expert interprets them.

P. Venu (Advocate)     06 July 2021

" ...................... there was a attachment of property of his property. but local court dismiss the issue in favour of their father and few other staffs. Now  the employer try to file again a suit .In this stage the property still valid with the partition deed or not?"

The facts posted are any insufficient to offer any meaningful suggestion. Please post relevant and material facts - 

What was the nature of the proceedings before the Court? Which court?

What are the grounds on which the issue was decided in favour of your father/

All that could be suggested that, if the decision was on merits. no fresh proceedings are permissible. However, there could be further proceedings (appeal, revision, review etc.) in the same matter. Anyhow, any proceedings requires you and your siblings be necessary party and due notice be served upon you. 

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

The registered partition deed is very much valid especially when the court had already dismissed the suit seeking attachment of the property of their father for the reasons mentioned therein.

If the government has preferred the appeal, then you may wait for the decision of the appellate court in this regard.

However since you will be impleaded as a respondent in the appeal, you may strongly object to their claim for the reasons you may rely upon.

 

 

1 Like

MURALI   13 July 2021

THANKS FOR ALL OF YOUR REPLIES SIRS...

G.L.N. Prasad (Retired employee.)     13 July 2021

Remember that member should provide dates if he/she expects a precise reply.

Date when father expired.

Date when partition deed executed:

Date of such order of attachment if any.

Date of dismissal of the suit filed by employer.

Present status of the property.

Action taken of intimating death of father by co-sharer

Whether the property has anything to do with father's loan with his employer:

Settlement of benefits if any Date


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