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Pushkar (DR)     01 October 2012

Property dispute

Hi,

We are 6 brothers and had joint property that we have inherited from our father. We among ourselves had a verbal partition of this large piece of land. Me and another brother carried out registered gift deeds of our portion in name of our sons.

Now 1 brother has filed a case that we have registered his piece of land. We have only registered our 1/6 th share. The case is specifically on my 2nd other brother saying that he actually gifted the portion that was agreed to be the plaintiffs. However, summons have been issued to all the 6 brothers.

My question is that whether I should take part in the proceedings. Since the primary pleading is that the other brother has registered the plaintiffs agreed portion. However, the plaintiff has sought cancellation of all deeds including mine.

Should I reply to the summons or just keep a watch on what the other brother against whom the main pleading is does??

Please advise best course of action.



Learning

 1 Replies

Ajit Singh Cheema (practising Advocate)     01 October 2012

Now that the suit has been filed ,you all should participate and a compromise family settment decree be obtained.It may be ensured that the property for which the gift deeds has been made, remain if possible ,with the brother concerned.


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