Siva has one Son( Karthik) and one daughter (meena) . Siva passed away in 2019 and Siva wife passed away in 20221. No WILL/ Settlement. Karthik is not ready to share the property with meena. Meena planning to go for partition suit. Karthik was stayed with his father and Mother in the same house. But as per family ration card he separated from family in 2008 (After his marriage) and Karthik use to pay income tax around 1000 to 1500 every year Meena and her husband was received money (Meena 7laks and Her Husband around 8 Laks ) from her father via bank transfer for some other purpose over around 7-8 years Questions 1. Will court consider this money while partition the properties? 2. As Karthik stayed along with father and mother. Can he claim that land purchased based on his money like that. Will court accept? 3. If siva had a loan with his friends. Will this loan consider for while partition the properties? 4. What are the other ways Karthik can defend this partition suit?
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Court would not consider funds transfer made by parents during their lifetime to daughter
2) K has to prove property purchased from his own funds
3) debts have to be paid off by legal heirs to extent if their inheritance
4) K may seek to sell his share in property
5) in partition suit seek injunction restraining sale of property by K
Claim of meena depends on the date of her marriage. A daughter is entitled to share in ancestral property only if her marriage took place after certain date. Such dates vary from State to State. Presuming that her marriage took place after cut off date prescribed under the law of Tamil Nadu following are the answers…
1. The partition is for the properties left behind by deceased Siva.
Meena being one of the legal heirs and successors in interest to succeed to the estates of the deceased who is reported to have died intestate, is very much entitled to an equal share in the property despite the fact that she received money from her father in the past during his lifetime.
2. If the property sale deed is on the name of Siva then Kartik cannot claim rights over entire property for any reason.
3. If the lenders file a suit for recovery of loan amount then the legal heirs who may inherit the property of the deceased borrower are liable to repay the loan amount in proportion to their inheritance of the property of the deceased.
4. It depends on what case filed against him and what documentary evidences that he relies upon.
In any case in the given situation, his defense appears to be slightly weak.
1. Yes
2. No .. If he doesn't have evidence to support it.
3. No
4. Need to study entire case throughly to state all grounds
Dear Client,
Under the Partition Act, in case of a suit for partition, if it appears to the Court that the partition of the property cannot reasonably happen or sale of the property is more beneficial, then the Court may, on the request of the shareholders interested, direct the sale of the property and distribution of proceeds.
The Act provides that any other shareholder may ask for leave to buy the shares of the parties and the Court may thereafter, offer a valuation and shall sell the property to the applicant.
The Act contains detailed provisions as to what will happen when there is a disagreement between two shareholders.
The provisions of the Act also deal with the rights of the member of the family to purchase the share of the stranger ‘suing’ for partition.
Section 9 of the Act gives power to the Court to distribute the property equally and make the sale of reminder property and to distribute the proceeds.
Under the 86th Law Commission report on Partition Act, 1893, various suggestions have been made to amend the Act as there are gaps in the Act but the amendment is yet to be made.
Any limitations in the partition suit follow guidelines from the Limitation Act. According to the Limitation Act, in the case of a suit for partition, the limitation is fixed at 12 years from the day the plaintiff claims the property. The partition suit limitation for ancestral properties is also fixed at 12 years.
Before filing a partition suit, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court.
Thank You.
1. No, the moneys received by Meena from her parents for other purposes shall not be considered for partition.
2. No, it is not tenable.
3. In all fairness, both Karthik and Meena have to honour the loan commitments of their deceased father morally, on or before partitioning his estate.
4. The partition will be on 50:50 basis sharing.
