• Partition suit

I have three elder sister and I'm only one son . my father and my mother made a settlement of all properties and after my fathers demise . my sisters started to harass me and mother. so now they have filled a suite saying that my mother is benami for my father and all properties which I got from my mother through settlement is not valid and they want the share in it and also whatever properties which I got from my father too they want the share in it. how will be my judgement and how can I expect the judgement to be.
Asked 7 years ago in Civil Law

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5 Answers

1) what is the source of funds for purchase of property?

2) if mother had no source of income and property bought in mother name by father it can be argued that property was bought for benfit of joint family

3) it is necessary to peruse deed of sellement made by your parents to advice

4) without going through the case papers we cannot say what would be the results of litigation

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Dear Querist

The settlement made by your father can be consider as the Will of your father and the division of properties can be decided by the court as per that settlement if the properties are self acquired by your father and not ancestral.

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. it is not clear the nature of document you have in your favour.

2.If the settlement deed is a registered one then your sisters can not claim it unless the court declares it null and void which is very much unlikely.

3.So let them file any suit as such suit does not have any merit.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

If the property was transferred to your name by a registered deed and the the person who transferred this property to your name by a registered settlement deed, had marketable title to this property, then this transaction is legally valid.

Therefore the property acquired under such a valid transaction cannot be questionable.

The case filed by your sisters, if on this grounds, then they are not maintainable.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. What was the settlement reached at?

2. If your sisters were parties to the settlement deed then they cannot challenge it except on the ground that consented to the settlement under coercion, undue influence, fraud or misrepresentation, the onus to prove which is on them.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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