I am the daughter of HUF & my father during his life time executed registered partition deed in 1970 by giving share in properties to both daughters & sons. However, in the same partition deed there were 2 radical clauses. 1. There were no more properties left for future partition in the joint family 2. A separate share of properties (5 acres) will be kept for parents till their lifetime & after their lifetime; it should be divided among 4 sons equally. So, after my father lifetime, the parents share properties mutated into my mother’s name through “Pavathi Katha”. Further, in the year 1995 my mother with her love & affection executed registered will in favor of my daughter in such parents share of 1 acre out of 5 acres & for the same, 3 sons has signed as witnesses for the will & orally all 4 sons agreed for it. However after 2013, when my mother attained age of 80 & when she got bed written condition with unconscious state of mind, one of my brother son (grandson) took her into his house & later on got GPA from my mother in favor of his friend & based on such alleged GPA, illegally registered parents share of properties into his name. Later on, in respect of the same, all 4 sons filed case against grandson & also my daughter also filed case separately for her share as per registered will. But, the case filed got dismissed with the reason of “my mother does not have any legal rights to execute such will in favor of my daughter”. Now importantly, as per the first radical clause of the registered deed, “there were no more properties left for future partition in the joint family” but actually there were many properties left out without being partitioned & as such, now (in 2022), I have filed partition suit in respect of all those intestate properties which were not covered under registered deed & now case is pending. 1. My daughter has already filed case & lost in her suit & now based on latest Supreme Court judgment (“Vineeta Sharma vs Rakesh Sharma”) can I file impleading application in the suit which was filed by my brothers against such grandson & can I pray for equal partition along with daughters in respect of such parents share which was not partitioned as per registered deed till now. 2. The parents share of properties has not shared till now as per the registered deed & also in respect of the same, case is already pending before the court in which my brothers has filed case against such grandson & as such, if I file impleading application now for equal share in par with sons, will it suffers from limitation period (However, knowledge of issues in such radical clauses in the deed brought to my knowledge recently and I was aware of only registered deed but not of issues relating to such radical clauses 3. The two radical clauses created itself appears to be made with coercion. so, please suggest me the best way to get my lawful share in my parents share of properties.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can file application fir being impressed as party
2) defence can be raised that your claim is barred by limitation
3) take the plea that you were not aware of fraudulent transfer and have filed suit within period of 3 years of being aware of fraudulent transfer
Judgment of SC is not applicable to partition that took place prior of 20th December 2004. Properties that were subject matter of partition registered in 1970 are not open for you. But you have absolute right to share other properties which are not included in the partition of 1970 as the judgment of SC is applicable to such properties with full force. As the 5 acres was not included in the partition of 1970, it will be not be treated as part of partitioned. In this 5 acres you can claim your share. Dismissal of suit claiming share of your daughter will not bar you from seeking partition of 5 acres as it is distinct cause of action. Two radical clauses have no much legal significance as though it is stated that there are no properties existing apart from mentioned in partition deed of 1970, fact remains that there are properties left out of partition. File a fresh suit of partition of left out properties including 5 acres. You have good case.
1. Yes, you cannot file a petition to implead yourself as a shareholder of the property, because the hurdle in this is that as per the registered partition deed, the properties retained by your parents on their name for their enjoyment till their lifetime, shall devolve on the sons equally after their lifetime, therefore this particular recital may bar you from making such claim in this particular property.
However if there are any other property other than the HUF property, which remains undivided till date, you have a right over them at par with your male siblings over your legitimate share in them.
2. Your male siblings have filed a suit to recover proeprty from the grandson because they have rights over the property on the basis of the registered partition deed, but as per the recital therein, it is clear that the property shall be divided only among the 4 sons, therefore the daughters cannot claim any share in it as a right due to this.
3. The so called radical clauses were included in the partition deed in the year 1970, hence there cannot be any coercion.
It is advisable that you don't waste time on the non maintainable issues, instead you can concentrate on the rights that you are entitled.
1. Yes
2. You can do that
3. Partition suit is correct remedy
1. If the property of 5 Acres was ancestral property, then all the children (both Sons' & Daughters') are entitled to equal share in the property. Will executed for the ancestral property is Null & Void.
2. File for partition declaration and separate possession of the property by metes and bounds.
Dear Client,
Yes, you can file an impleading petition depending upon the stage of the proceedings.
