A) Mr x died on 1946 died intestate leaving behind 5 daughters and one son. 1d,2d,3d,4d,5m, 6d. ( 5m is son) b) We are hindu governed by Mithakshara law. The said property came and RTC was in name of 5m. Meanwhile in 1946, 4d died leaving two daughters and one son (F1,F2 and M1). F1, F2 and M1 where brought to the house and stayed in the same house since the death of mother 4d. c) in 1979 5m died in testate, leaving behind survivor 1d,2d,3d. d) in 1982 the property was registered in the name of 3d and 6d and release deed from 1d and 2d were registerd in favour of 3d and 6d. e) in 1987 M1 purchased a portion of property from 3d and 6d. f) In 2004 3d died. g) In 2006 after 19 yrs F1 filed a criminal complaint on M1 and 6d stating that her mother ( My mother) 4d was not given a share and F1 has the right. h) the case was fought till 2010 and a family settlement was drawn that F1 has no right and since she wanted money M1 agreed in the deed to pay a sum of Rs 1.5 lac. Accordingly all the criminal as well as civil cases were withdrawn from the court by F1. i) Now in 2016 when M1 wanted to sell the propoerty F1 again claimed that her case is undecided therefore she has a share in the property . Now Family settlement has not been registered. Can F1 has a right , if so what is the remedy for M1. please guide.
3d, 6d and 5m are bachelors till death, 6d died in 2014.
1) FI has already withdrawn civil and criminal cases filed by her on basis of family settlement arrived at
2) FI has received consideration amount of Rs 1. Lakhs on basis of deed of family settlement
3)deed of family settlement ought to have been regd to be admissible in evidence
4) if consent terms had been filedincourt for withdrawal of cases FI would not be able to clam any share
5) if no consent terms filed settle withFI
1. whether F1 has a right 2. The case has been dismissed by the court due to family settlement. whether this amounts to 'consent terms' filed ? please advise.
If case filed by FI had been dismissed due to family settlement F1 has no share in property
Now in 2016 when M1 wanted to sell the propoerty F1 again claimed that her case is undecided therefore she has a share in the property .
Now Family settlement has not been registered.
Can F1 has a right , if so what is the remedy for M1.
F1 is not entitled to claim a share in the property for two reasons:
1) Though her mother died intestate, she never claimed her share in the property during her life time because she was not entitled to a share out of the property that belonged to her father who died in the year 1946 because at that time the daughters were not entitled to share in their father's property, the amendment was effected in the year 1956 only; Therefore her criminal cases and the civil cases were not maintainable, if contested they would have been dismissed;
2) since F1 has taken money in lieu and withdrew the cases filed for which there are evidences, she cannot claim the same once again, her claim can be challenged based on the evidences of financial transactions made with her.
Thus M1 can legally proceed ignoring F1's threats and ask her to challenge his sale proceedings legally.
3d, 6d and 5m are bachelors till death, 6d died in 2014.
The acquisition of property by 1d, 2d, 3d and 6d after the death of 5M was on the basis of surviving class II legal heirs, hence the legal heirs of 4d who died before the death of 5m and did not survive him on his death are not legally entitled to any share in the said intestate property that belonged to 5m.
1. whether F1 has a right
NO. You can see my explanation, however the documents are to be seen for more proper opinion.
2. The case has been dismissed by the court due to family settlement.
whether this amounts to 'consent terms' filed ?
This certainly amounts to consent terms and disqualify an appeal also, if she tries to reopen the closed issue once again..
Sir in b) there is small error reported in my statement of fact. ..".meanwhile 4d died in 1956 -and not 1946", my mother died in 1956. in the event your reply still holds good without any change i suppose. Sorry for the inconvenience
The property owner is reported to have died in the year 1946 leaving behind his daughters and only one son.
The daughters or his wife were not successors as per law at the time of death hence the death of 4d in 1956 makes no difference, therefore reportedly her own legal heirs who claim a share out of her share are actually not entitled to any share or rights in it while the deceased herself has no right to a share in the said property.
Thus, further opinions can be rendered after seeing the relevant documents and ascertaining the actual situation.
The family settlement would be binding on F as recorded by the court permitting withdrawal of civil proceedings
Was a consent decree passed by the court? Was M1 a party to the suit? If the suit was dismissed then it cannot be termed as a consent decree. Neither the consent decree nor family settlement is required to be registered. You should consult a lawyer with a copy of the plaint and the judgment/decree of the court as also the family settlement.
Despite the above facts, our builder is reluctant as F1 threatened him of her share in the property. Now what is the remedy for M1 since builder says he does not want any complication in future. Whether any remedy through court as "Listen to me before proceeding" etc or any covet, affidavit through court etc is available. in order to make ourselves free from all complication later. Where to file it in lower court or only in High court. F1 is searching for some loop holes in the agreement and create complication. please advise.
Despite the above facts, our builder is reluctant as F1 threatened him of her share in the property. Now what is the remedy for M1 since builder says he does not want any complication in future.
This is an outside court development for which you should not be worried so much, you can assure the builder the legal protection, if he is not willing you may ask the builder to compensate and leave the project.
If she indulges in an unlawful activity like his, you may warn her with legal consequences for disrupting the progress of construction work high handedly with criminal motivation and she may be instructed to refrain from such illegal acts or can approach court for relief including injunction and not to obstruct or disturb the construction activities.
Whether any remedy through court as "Listen to me before proceeding" etc or any covet, affidavit through court etc is available. in order to make ourselves free from all complication later.
You can file an injunction suit against her seeking to restrain her from interfering with your peaceful possession and enjoyment of the property without any semblance of right or interest in any manner in the property.
1) builder would not want to get involved in any litigation .
2) if you file any suit it would take years to be disposed of
3) you can execute indemnity bond to indemnify the builder against any claims made for the property
4) it would protect the builder interests
You can file a caveat in the court whereupon the court will hear you before passing an order. It has to be filed in the court of civil judge.