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(Guest)

Partition suit dismissed -appeal timeline

Case details: Hi Sir ,please find descripttion below . Background of the case: My father is retired and senior citizen.my mother expired in 1989, I have a sister also who is divorced.(so my father has two children from his first wife) After death of my mother in 1984 my father has married again in the year 1991 . My father has purchased a plot in 1981 and constructed a house with LIC loan and his hard earned money in 1984.registration completed in 1984 of the house. After second marriage of my father a girl child was born in 1992 and mutual divorce has been taken by my father in the year 1994 which included permanent alimony ofhuge amount back in 1994- for the well being ,marriage, education and purchasing a house of his second wife and the girl child – through a cheque. Apart from that additional amount has also been given especially to get deposited on the girls child name in 1994 for the well being and marriage expenses through a cheque. From 1994 myself my father and my sister are living together. Issue details: the girl child has become a major and on instigation of her mother girl has file a partition case against my father's self acquired property which is the house which he constructed through lic loan and his hard earned money, suppressing all the above facts and demanded partition in my fathers self acquired property (house) which he constructed in 1984 in the senior civil court . This case was dismissed in senior civil court on producing all the facts and document proofs by my father. Questions I have: Can my father sell his self acquired property now.--after the case has been dismissed . ? what happens if the petitioner goes to high court for an appeal if my father sold his self acquired property in the mean time ? what is the time duration for the petitioner to go to appeal in an high court? Please help to advise kindly.


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 7 Replies


(Guest)

just in addition one more doubt /question please:

can my father or myself file a case against my fathers second wife daughter who has suppressed all the facts and filed a false case against my father?

please help kindly

Kumar Doab (FIN)     07 September 2018

Generically speaking;If there is no stay/injunction to sell, then your father can sell.

Most Probbaly the OP may lose in higher courts on the same facts and grounds as in lower courts (partition of self acquired property of father) and father is alive.

Kumar Doab (FIN)     07 September 2018

Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, and found a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and did your counsel advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL Family/Civil courts, HC, SC…

The daughter can claim maintainance and expenses to marry from father within means and resources of father.

Usually plea of chagged circumstances is taken by spouse ( Ex) and children.

The paryer to attah property may be made.

However in your case the father has already tendered as per your post, and may obtain proper legal opinion from a very able LOCAL counsel in writing, in case a situation arises, in future.

 

Ajay sharma   07 September 2018

AJAY SHARMA, ADVOCATE AT HIGH COURT AT J&K,

WE HAVE TO FILE AN APPROPRIATE CASE IN THIS MATTER, I WOULD DRAFT IT YOU CAN CALL ME ON 09906298380......

(Guest)

Hi Kumar Doab Sir,

Thanks for your reply .

Respected Sir,

In the false partition OS  filed by my fathers second wife daughter there has been a request to grant injunction not to sell the property untill the case is resolved

but now the case is dismissed in the senior civil court.

Can my father sell the house now ?

Also what happens for example if my father sells the house and then she goes for an appeal?

inaddition:My father has already given permanent alimony of huge amount for her marriage ,education,wellbeing etc but all these facts were suppresed and an OS has been filed which has been dismissed.

One question :can my father or myself file a  criminal case against my fathers second wife daughter who has suppressed all the facts and filed a false case against my father?

 


(Guest)
Hi Kumar Doab Sir, Thanks for your reply . Respected Sir, In the false partition OS filed by my fathers second wife daughter there has been a request to grant injunction not to sell the property untill the case is resolved/disposed There has been no such grant and now the case is dismissed in the senior civil court. Can my father sell the house now ? Also what happens for example if my father sells the house and then she goes for an appeal? inaddition:My father has already given permanent alimony of huge amount for her marriage ,education,wellbeing etc but all these facts were suppresed and an OS has been filed which has been dismissed. One question :can my father or myself file a criminal case against my fathers second wife daughter who has suppressed all the facts and filed a false case against my father?

Ajay sharma   07 September 2018

IAM AJAY SHARMA ADVOCATE FROM HIGH COURT AT J&K,
CALL ME FOR PAYED LEGAL ADVICE ........

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