• Partition deed

Sir my sister was married in 2005 but his husband died in 2008 due to brain tumor.his illness was intentionally  hide during marriage talks.after his death his 3 married sisters and mother filed suit for share of property.matter was settled as compromise deed in '2009.in lpk adalat and final decree for seperate partition and possession of land and house was executed at Tahsil court and mutually agreed by both parties.but now in 2015 my sisters mother in law has given complain in tahsildar office. Due to that my sisters name not registered in land records.what is way ahead to defend this situation my sister have 8 year old daughter. As per partition deed my sister got 4 Acer land an 1 house and her 3 sister-in law and other got 2 Acer land and other house.
Asked 1 year ago in Property Law from karosi, Karnataka
Religion: Hindu
1) your sister should make application for mutation of 4 acres of land and house in her name . Enclose copy of order passed by Lok Adalat and partition deed 

2) on basis of court orders mutation of 4 acres of land would be done in your sisters name 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1) marriage was solemnised on 2005 

2) after period of 10 years no sense in filing complaint of cheating against in laws 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Sir can my sister file a case of cheating and fraud during marriage against her in laws:
She has no case against her in laws.  Dont be misguided or misinformed about such a thing.  If her husband was alive then she coud have filed a case against him now that he is dead, she has to live alone cursing her fate.


You have stated that she already has got the property by partition settlement through court, whether she did not register the property on her name after the curt decree?, even now it is not late, let she register the property on her name on the basis of court decree by paying proper stamp duty and registration charges.  What is the complaint given by her mother in law at this stage?  She can prefer only an appeal and not any complaint. That too, if the matter was settled through Lok adalat, then she cannot prefer an appeal also, hence ask your sister not to be worried.  If the mother in law is giving any other kind of torture, ask your sister to lodge a police complaint under criminal laws. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. After death of her husband no case lies against her in laws.
2. i wonder why you did not think of such cases while her husband was alive.
3. Now ask her concentrate on earning livelihood from those land and not run after vengeance.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) as per the partition deed your sister is absolute owner of  4 acres of land and house 

2) she has already been placed in possession of the land 

3) your only problem is mutation not done in sister name 

4) you should concentrate your energies in getting mutation done rather than spending money on filing cheating case against in laws 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. What complaint was filed by the mother in law of your sister before he Tehshilder?

2. Your sister should not file an application before the Tehshilder for reentering her name in he ecords,

3.If her application is rejected, she should file a partition suit,

4. The court order can then be attached further to add her name in the records maintained by the Tehshilder.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
 If her mother in law has filed a false complaint/demand before the Tehshilder, then you can file a Criminal case against her.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If the Deed for mutually settling the partition has not been registered, try to register the same,

2. If others do not are for the Registration, file partition deed siting the earlier settlement agreement,

3.What is the mental harassment  and cheating you are referring now?

4. It will be difficult for you to prove your allegation without concrete evidence,

5. Please note that your MIL and SIL also ile a DV case against your sister.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi, Thasildar can't remove your sister name and as per court order  only she has entitled for her share in the property.

2. So you have to contest the case in Thasildar Court and if the judgement is already passed then your sister has to prefer an appeal.

3. You have a very good case don't bother much and contact a local advocate and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The complaint by your sister's mother-in-law has no bearing on the proprietary rights of the latter which have been adjudicated by the court and settled through a compromise. The cause of complaint cannot be blended with the rights of your sister.

2. Your sister can move to High Court to challenge the refusal of tahsildar to incorporate her name in the land records. 

3. A case of cheating and fraud will not survive in the court if it is filed 7 years after the demise of her husband who your sister claims was suffering from an illness which was not disclosed to her before marriage. However, if your sister has a conclusive proof of the suppression of these facts then she can file the case. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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