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.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
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.
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.
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.
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.
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
With regard to same above case , already in 3 courts, cases r pending for partition by Mr. X brothers & including Mr. C 2 daughters & in all 3 cases, none of the brothers or their daughters has made Mr. X has a party. Now Mr. X has obtained all 3 cases suit copies from court by filing 3rd party affidavit. Questions- please answer point by point. 1. Is it good to become party in all 3 cases directly which were running in 3 different courts or 2.is it good to 1st to file fresh suit for partition by Mr. X & later to implied as a party in all such 3 suits & to ask court for clubbing all 3 cases into one for common schedule properties 3. As local lawyer advice received, first to file OS suit in the name of Mr. X & shall make only joint family members as defendants & later after impleding as a party in other 3 cases automatically rest of the defendants of non family members will be covered and is it a good way to proceed in suit? 4. worst situation, in case, if Mr. X is vacated from possession from land than within how many days/months Mr. X can file court case for such recovery of possession & for injunction since now its a time for vacation of court in our jurisdiction for one month. 5. Is it compulsory required to file suit to protect our possession or even without filing a suit for time being (till court opens after vacation) can protect our possession just as a coparcener of the joint family properties. 6. Now Mr. X joint family properties are already shared in 1972 by her father through registered deed but left few properties as intestate. Now many intestate properties are sold by sons but kept registered deed properties, so now Mr. X can ask share in such registered deed properties of sons as a compensation to those intestate properties sold without giving her share. 7. Mr. 'C" 2 Daughters hided many documents from court & what is the consequence under law for hiding documents and misleading the facts from the court for such 2 daughters.
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
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.
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
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 .