Can deceased sister's legal heirs also file for partion of house property under joint lease deed with her brothers and sisters?
Mr A built a house on a leasehold plot acquired in 1964 in Bhopal, died intestate in 1982 survived by 5 daughters and 4 sons. The lease was renewed in 2010 in names of 9 persons ( 7 surviving heirs and widows of 2 deceased brothers). One sister expired in 2010 survived by husband and 2 daughters and the lease record corrected to substitue their names in place of the deceased. They now plan to file for partition for 1/9 share.
Brothers have put up an alleged NOTARISED family arrangement on nj stamp paper of rs.100 dated Feb 2000 where in sisters had consented to forgo their share just if brothers divided property among themselves amicably, an affidavit by the now deceased sister dating back to Jan 1999! and another affidavit by all sisters in Aug. 2008 forgoing their shares and debarring their heirs also from making any claims in the said property. Copies of these were obtained under RTI from Municipal Corp.
What is the validity of such a family settlement and such affidavits? Should the plaint simply ask for partition under HSA making no mention of these docs. or should the "family settlement" not being registered and her not having signed papers with others due to her terminal illness?
