My father comes from a joint family. His yelder brother and sister in-law passed away around 20 years ago. Thier only son was with my father after the death of their parents.My father also has 2 yelder sister and are in good relationship with us. After the death of yelder son, my grand mother transferred the property to my father. Later my father proactively joined his brother's son's name and gave him half of the property in the presence of family yelder members and documented the deed of partition on a stamp paper. Now after 20 years, my father sold his part of property and his brother's son too. Now his brother's son has filed case in court saying my father cheated his father and took all property. And he is claiming that , whatever partition deeds are made with him yelder are fake. Now my father is little worried as the partition deeds were not registered that time. That is only because he didn't know the law that time. My father did all good things for his family and took care of all after his brother's death. We need your expertise advice for a solution to this issue. Looking forward your kind reply.. Thank you
See firstly the document is there and it was prepared before witness. Secondly he has received consideration for his share. For same he must have registered a sale deed documents of same registry can be presented before the court as evidence.
Extracts of property card wherein his name in half property was added.
All these corborative evidence and facts shall help your father further the deed.can be send to FSL for checking it's validity.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
1) deed of partition has to be duly stamped and registered to be admissible in evidence
2) un registered is admissible for collateral purposes to show possession
3) you can examine handwriting expert to prove partition deed was signed by nephew
4) partition deed woukd prove that nephew was given share and placed in possession of property
1. Let your father convince his nephew to arrive at a compromise between them and together both can file a Compromise Deed in the same Court where the case is going on.
2. By doing this the matter can be settled, once and for all, amicably between your father and his nephew.
If the partition deeds are fake then nothing to worry. You can contest the case and get it dissmised.
Dear Sir,
Nothing to worry. Your cousin cannot prove anything. Your father has done everything right. The age old partition deeds have value before the Court even though they are not registered. Now there is no property as such it is very difficult for your cousin to get anything from your father. I would have answered more accurately if you let me know the schedule properties of the plaint and prayers made by him.
if grandmother transferred property to your father under a registered deed, then your father became owner of that property
as your father voluntarily included your cousin as co-owner of property, he could not have sold the entire property without the consent of your cousin
ideally half share in sale proceeds belongs to your cousin as he was 50% holder of property
partition deed is not compulsorily required to be registered
The unregistered partition deed is invalid in law.
The property acquired by your father after his father's death by himself entirely is illegal and invalid.
His elder sisters are also entitled for an equal share in the property.
Your father can look for compromise or challenge the case filed by his nephew.
