Laxmi (self) 06 April 2013

Partition deed in 1968 is it valid

My father who passed away in 1980 had 3 (1, 2, 3) plots selfacquired.

We are 4 siblings (2 brothers, 2 sisters married before 1968), I am one of the sister.

After father passed away, bothers have shown two agreements (not registered dated yr 1968) where my father has written plot 1, 2 to each of them and it has both our sisters signatures too (they had taken sign on blank agreements so likely they have written it after dad passed away) Left is Property 3 which is in dad's name.

I have put a case 20 yrs ago that these agreements are not valid and therefore in entire property(in plot 1,2,3) I (daughter) have to get 1/4th share.

Brothers say no, 1, 2, is in our name. so me and my sister would get only 1/4 in the left out 1 plot. I won the case in lower court but my brother has applied in Highcourt.

My question is - If in case court agrees that the partition agreement that my brothers have is valid - then it has word that, with this property agreemtn written to each brothers, they have only blood relationship and no "ARTHA sambandh". Does this mean this word is valid only till my father was alive - and after death they get share in the property 3 also ?

Artha sambandh means no other rights other than blood relationship.

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2 Replies

Neha Chowdhary (Law Officer ) 06 April 2013

Hello Laxmi,

According to ur case and facts what u have mentioned....from this I have follow query:-

(1) If u can prove that said signatures were taken without your knowledge?

(2) If u can produce any witness,that said agreements were never made when ur father was alive?

(3) If said agreements have sign of any witness?

On the Aartha Samband...i can say that...its upto the intention of the maker of agreement....

Thanks,

Neha

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Laxmi (self) 06 April 2013

Neha, thank you for your reply.

1. I have no way to prove it as in the lower court when the oposition lawyer asked if its my sign, i said yes as it looked like mine. I just write my name no difficult sign.

2. There is no way to prove that it might have been made after my father's death as the year of bond paper is 1968 or older.

3. None of the witness are alive now.

About Artha Sambandh - though its up to the intention of the maker of agreement - now that its stated there if the judgement says that the Agreement is valid - then that word also would be valid or not. or is that word valid only till my father was alive and thereafter borthers get share ?