It’s a case of partition among joint family members of sons and daughters, a registered deed was executed in 1975 and given share to all including daughters & after father’s death, properties not covered in registered deed shared only among sons through creating unregistered documents & also additional ancestors properties and that also not shared among all family members and also further bought certain properties by utilizing joint family funds and sale proceeds of interstate properties and even that also not shared among all. Now in court case of partition by a daughter need suggestions 1. Brothers are hiding unregistered deed of 1987 & taking stand of oral partition they executed and is it valid? 2. Now we have unregistered deed of photo copy but not original singed by brothers and can we bring it as evidence in court if sons don’t bring it to court to justify oral partition. 3. Regarding partition suit by daughter against his brothers In 1970 registered deed of partition executed among sons and daughters and in respect of one property of total 20 acres only 18 acres brought into partition and not said anything about 2 acres left. In that location 18 acres got shared only among 3 sons and in other location daughters got their share. In 2003, 3 sons went for amendment of 1970 deed in respect of 18 acres of land allotted to them and changed the directions as per their requirements and in that even included the partition of 2 acres what is left out but not elaborated anything about including such extra 2 acres land into their shared but without explaining anything of it, took signature of daughters and amended the deed of 1970. 1. Now we are filing partition suit in respect of those properties which were not included in 1970 deed and in that can we even question and include the extra of land which was amended in 2003 without elaborating anything about it while taking the consent of daughters and registered it. 2. Without elaborating anything about 2 acres of land what is left out, can they include in their share without explaining anything about it and reason of amendment is only for changing the direction of lands allotted as per deed of 1970 as per records of amendment. 3. In respect of properties which were not covered under deed of 1970 were shared orally among sons and it’s as per sons justifications. So without giving any share to daughters is valid oral partition. 4. In partition suit prayer – if daughter prays for “null and void” of sale deeds on sites and houses executed by her brothers then will it attract stamp duty on market value or normal court fees is enough. 5. In prayer – “a Sale deed executed does not bind on lawful share of the plaintiff” sentence is equal to meaning of “null and void” of sale deeds and will it attract market value of stamp duty or what? 6. As per latest citations - in partition suits, is it true that "null and void" prayer also does not attract stamp duty for joint family properties
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1) issue notice to brothers to produce original deed
2) if they fail to produce xerox copies can be admissible in evidence
3) if you have signed amended deed you cannot challenge it
4) court fees is state subject and varies from state to state.you have to pay court fees if you seek to set aside sale deeds executed by your siblings
Null and void prayer will not attract court fees but if you pray for partition and share then it will attract court fees
Any partition that excludes certain properties from partition is invalid. Your case is there is partition registered in 1975 in which all properties are not included. Such partition is not valid and can be canceled. You need file a suit for reopening of partition of 1975 the same being invalid and fraudulent as all properties are not included in the said partition. Include all properties in the suit. Properties purchased from sale of ancestral property and out to funds of family business or savings of family is also becomes ancestral property. Include that properties in the suit. Any unregistered partition deed is not enforceable. You need not bother about such unregistered partition deed, if it is filed by brothers that will establish the fraud attempted by them. Even the 1970 partition is illegal as two acres are left out of partition. When you are filing partition suit all properties partitioned and not partitioned should be included in the suit, once you go to Court it is for Court to decide the division among all share holders.
1. Even if there was an oral partition, by excluding the other legal heirs, an oral petition done among the few legal heirs is not valid hence the excluded legal heirs can claim their rights for their legitimate share in the properties that have been left intestate by the deceased.
2. This is a matter of trial proceedings, hence without perusing the suit papers and the relevant documents, no opinion can be rendered on this blunt question.
3. No it is not valid in the eyes of law.
4. The daughters need not have to pray for null and void nor cancellation of the subsequent sale deeds, they can confine to their relief of partition and separate possession of their legitimate share in the properties, but can implead the subsequent purchasers as necessary parties to the suit for partition even though the relief is restricted only to partition.
5. 'not binding' and 'null and void' are two different subjects, while the former do not attract any couirt fee.
6. It depends on the averments and the reliefs claimed based on the phrase 'null and void'
partition suit and mental harassment. 1. Filed IA in ongoing joint family case to make me as party & after filing IA, got some threat calls from family members & filed complaint for the same but no proper response from police & so sent registered post to station about complaint and they reverted back to me after 3 months due to influence of our opponent family members. 2. So because of all these incidents I not moved My IA properly and IA rejected in their case & so thought of filing a new case but for that also indirectly through some third person on the same date of their court case (IA filed case) I started to receive calls from one number for some small due amount from my end & thoughtfully as per my understanding such calls were mainly to restrict me for not to file new case. 3. As such I deliberately made delay to make payment (Rs. 20,000) to observe his calls on same day of their case in which I filed IA to become party. 4. Now I filed new case & same day I got call from same number & further now he started to come near house in the name of recovery of money who not came from last 3 months when money is due. 5. So through 3rd person, our own joint family members mentally harassed me and now I wanted to file a case for the same to come out of their further trouble for my family members till competition of our partition suit. Question- 1. 3 Phone calls from family members on same day of filing IA in their suit & further indirectly with the aid of third person making calls on same day of their case and later on coming near our house on the same day of our new case filed is enough ground to file mental harassment case. 2. Police is neglecting our compliant & so can I directly approach & register case in court against my own joint family member & 3rd party. 3. Through court can I get phone calls history of joint family member & third person to prove their harassment calls on same dates of their case of IA & my new case.
If they have threatened you then it amounts to harassment
2) you can file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report
3) you should have recorded the threats received by you to make out a case against family members . You can apply to court to direct service provider to furnish call history with family members
1. Yes
2. Yes you can file private complaint
3. No
1. If you are due to that person you may have to deal with that separately instead of combining that subject with this matter.
This matter is for different relief so you may concentrate on this accordingly.
2. Since this is a civil matter police may not show any interest in it.
The registrar of court will not entertain any application.
You may issue a legal notice to him through your advocate warning him to refrain from such indulgences or to face legal consequences
3. No.