• Partition and other legal disputes

Mr. X is a daughter of joint family & registered family settlement took place in the year 1985 between 3 sons (lets assume as A, B & C) & 2 daughters (lets assume as X & Y) & very small share were given to 2 daughters. 
Mr. X is a minor during such partition & now got to know certain properties of her father were not covered under registered family settlement & such intestate properties & joint family funds were shared under written unregistered partition deed in the year 1990 only among 3 sons.
Recently 4 years back, the younger brother Mr. C expired & there was a partition case pending before the court from Mr. C own 3 daughters & in such partition deed 3 daughters argued that his father has addicted to bad habits & spoiled all properties & neglected totally the life of 3 daughters but however such argument is totally false as per documents available with Mr. X who a daughter for such joint family before these 3 daughters were born. 
Before the death of Mr. C, he has orally given certain properties {which were under dispute in court from his own daughters} possession for his own sister Mr. X to cultivate & to do agriculture. 
Now Mr. X got to know that such properties which were under dispute & which were given by his brother for cultivation purpose has been purchased from intestate properties & joint family funds which were dividend only among 3 sons & now Mr. X is under process to file case to get her share from such undivided properties from her father in 1985. However the daughters of Mr. C are very much hurrying to vacant such possession of Mr. X from such agricultural land after getting doubt of Mr. X is under process to file case. 
Please try to answer point by point: 
1.	Whether Mr. X as a daughter, has legal rights on such intestate properties & properties purchased by use of joint family funds
2.	Unregistered written partition deed executed only among 3 sons without daughters consent is valid during the period of 1990. 
3.	 Whether 3 daughters of Mr. C can vacant Mr. X from her possession which was given by her own brother orally 3 years back & more over now as per SC judgment, she is a coparcener. 
4.	What is the remedy available to Mr. X, if in case forcefully, 3 daughters of Mr. C try to vacant Mr. X Possession from such cultivated land & in middle & before crop cutting? 
5.	Filing of case will help and safeguard Mr. X to protect possession of such agricultural land
6.	Even though if possession of the property is taken back by force from Mr. X by 3 daughters than what & all legal ways available for Mr. X to recover her possession 
7.	In case if possession of the land is lost than is it possible to recover possession after filing partition suit.
Asked 2 months ago in Property Law
Religion: Hindu

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11 Answers

1) daughter has equal share in property purchased out of joint family funds 

 

2) it is not valid 

 

3) she should refuse to vacate premises 

 

4) file police complaint against those who try to forcibly evict her 

 

5) she should file suit to claim share in properties 

 

6) she can obtain court orders to regain possession 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

1. Yes.

2. Not valid as it's an unregistered partition Deed.

3.  Legally "x" can't be shunted out of the property.

4.  Obtain Injunction Order.

5.  If the need arises.

6.  "x" has to file for declaration, possession and separate partition of the property.

7.  Yes, it's possible. However it depends on the documents available.

Thank you.

Shashidhar S. Sastry
Advocate, Bangalore
3618 Answers
207 Consultations

5.0 on 5.0

1. yes she can claim her right over the additional property , as the daughters have equal right over the joint family property .

2. Not valid and daughters can challenge the same , specially an unregistered partition deed is not admissible before the court in evidence. 

3. No , she can refuse the vacate the property 

4. Can file an Injunction suit to take restrained order against them.

5. Yes , She can claim her right after fling suit before the court. 

6. Yes, after filing a case before the court. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

  1. X has every right to claim share in ancestral properties and properties purchased from sale proceeds of ancestral properties also become ancestral properties therefore she can claim share in the acquired property also.
  2. Any partition excluding daughters invalid, illegal and can be set aside on challenge.
  3. Daughter of C have no right to evict X from joint property. There is judgment by Supreme Court against that, said judgment went to Supreme Court from Karnataka High Court.
  4. X has every right to resist any such attempt by daughters of C. X is entitled to use reasonable force against daughters of C to prevent them from throwing X out.
  5. If X has time she can file a civil suit seeking injunction against daughters of C from evicting her. She can also approach District Collector under Section 145 of Code of Criminal Procedure, 1973 to protect her possession.
  6. X can very much recover possession from daughter of C, if she is illegally evicted. She can file suit under Specific Relief Act, 1963.
  7. In the partition suit X can also claim recovery of possession. But in the first place don’t allow daughters of C to dispossess X.

Ravi Shinde
Advocate, Hyderabad
1010 Answers
8 Consultations

5.0 on 5.0

Please note that this family settlement was done and Ms X was minor that time and the property was not properly distributed among all the children and this year of the minor child cannot be forgone because it is minor child.

Now at this point of time we can challenge the settlement deed and become the party of ongoing suit of property dispute.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

1. X has rights for a share out of her father's properties which were intestate at the time of his death.

2. Unregistered partition is not legally valid especially by excluding the rights of the daughters who have equal share in such properties. 

3. X has rights over the properties left behind by her deceased father, but she cannot just like occupy any property at her own will and wish, she may have to either inherit her share by a oral partition among her siblings or by a partition suit through court of law.

In fact the daughters of C cannot dispute the properties stating that they were their deceased father's share in the properties, X can dispute the same and can obtain an order of injunction against their claim.

4. She can approach court and obtain an order of injunction against them to restrain them from forcibly evicting her from the properties.

5. She can consult a lawyer in the local and proceed with the suit for injunction.

6. Approach court with a suit for partition and try to recover possession on the basis of her possession and enjoyment by filing an application to restrain them from forcibly evicting her.

7. In the suit for partition, the court will decide about the shares of the parties to the dispute as per law.

 

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

Dear Maam/Sir,

1) Yes X has legal right to claim the intestate undivided property of her father.

2) the unregistered partition deed is not valid

3) NO three daughters cannot vacate x forcefully, she should file complaint in police.

4) X can file suit for recovery of possession under section 7 specific relief act if she is forcefully dispossessed. to get back possession and immediate relief.

5)  Yes she should file suit for partition and challenge validity of the prior deed in addition to interim injunction against daughters from dispossessing sister.

Thank you

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

1) X should file suit for partition 

 

2) make application for being added as party in other cases 

 

3) seek clubbing of all cases 

 

4) act as per your lawyer advice 

 

5) file suit at earliest if you are deprived of possession 

 

6) seek orders to set aside sale of property by brothers 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

1. If X has grievances in all the three cases then he can implead himself as a party to the cases and fight against them to defend his interests or to get his grievances redressed.

An opinion by a local advocate would be more suitable to take  a considered decision in this regard.

2. If X wants separate remedy to his own grievances in connection with the disputes involving his rights or interests in the properties, he can also file a separate suit by impleading all those parties who are responsible for his grievances. 

He can file a petition for joint trial of all the cases if all the other cases are related and having same cause of action on the advise of his advocate.

3. The local lawyer's opinion is based on the scrutiny of all the cases and understanding the prevailing situation, hence you may follow the same.

4. Time taken by court in this regard cannot be predicted owing to various factors.

5. Your local lawyer is the best advisor in this regard who will suggest the further course based on the prevailing circumstance

6. She can seek relief by filing partition suit.

7. You prove that before court of law and seek remedy through court itself for such things.

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

Dear Sir/Maam,

1)  Mr X should become parties in all three cases if the Cause of action is of grievance to Mr X.

2) Mr X should file a fresh partition suit.

3) The local lawyer would have given advice after perusal of documents, thus it is best to follow it.

4) The suit for recovery of possession based on prior possession has to be filed within 6 months from the date of dispossession.

5) If you are forcefully dispossessed then it is needed to file suit for possession and injunction, to protect yourself.

6) Mr X should file suit to set aside sale of the interstate properties sold by the brothers along with the suit for partition

7) You will have to prove the same in court to get ready from court. 

Thank you

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

1. Yes

2.  Filing a separate Partition suit is not required , better move application for becoming party of the 3 suits and pray for clubbing the matter in one court . 

3. Move an application for clubbing the cases as one after becoming party .

4. one to 3 months 

5. No need to file a separate suit , better moved an application in the three cases for becoming party 

6. She can claim her share in the entire property after filing suit , even some portions are sold. 

7. If they have hide documents and thereby mislead the court , then other party can move an application under section 340 CrPc for lodging an FIR . 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

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