If she has been forcefully dispossessed file suit to get possession of property
2) B can file IA to be party to suit to claim her share in property
Partition and other legal disputes
Joint family properties. 4 sons & 3 daughters. Registered partition deed did in 1960’s & certain properties not covered under deed & such properties got shared among 4 sons in unregistered deed in 1975 after karta’s death (intestate) & also such properties got mutated into sons names & few even sold. Certain additional properties also bought by one son Mr. X who was dominating in the family by utilizing sale proceeds of intestate joint family proprieties & joint family funds. In 2006 Mr. X made an unregistered agreement for sale of 4 acres of land to Mr. Y & later on refused to sell it to Mr. Y & again sold to Mr. Z in 2007 through registered GPA under JDA of total 12 acres including properties purchased by utilizing joint family funds but not given possession to Mr. Z. Next, through GPA Mr. Z sold 12 acres to Company (now RTC in Co.name) but Mr. X made a dispute & filed case that GPA is given for development & not for sale. So, Mr. X, Mr. Y & Mr. Z all went to court & in court in 2011, JDA considered as invalid & 4 acres ordered for Mr. Y but about remain 8 acres not given proper orders in judgment & next, Mr. Z went to HC & challenged lower court orders. In 2012, Mr. X had 2 daughters & they become majority & they filed partition suit including 12 acres against his own father & developers & as such HC proceedings got stopped till conclusion of partition suit. In 2019, Mr. X started to face health issues & as such given the possession of 12 acres which were under dispute to her own sister Mr. B (who is 1 among joint family daughters) & his son for cultivation purpose & later Mr. X, died in 2020. Now, Ms. B realized that about her ancestors properties issues & also got to know that in 12 acres, 8 acres bought from joint family funds & so, filed IA in the partition suit filed by 2 daughters of Mr. X to implead Mr. B as party but IA got dismissed. As soon as IA got dismissed, 2 daughters of Mr. X filed complaint to police & used political influence & taken a statement in police station from Ms. B son that within 1 week of time to vacate possession from 12 acres of land through cutting all crops which impossible practically in a week of time. For such police & political influence, Ms. B son signed for the same But stated clearly in his statement in station that he can get back possession through court orders. Now new case is ready to be filed by Ms. B & her son. 1. Now before 2 months back, Mr. B dispossessed through police influence & how can Mr. B get back possession through court & will "suit for possession" is worth to file along with new case 2. Now 2 daughters r hurry to finish partition suit & to move HC to get final judgment before Mr. B file new case for partition & that’s y can Mr. B also file IA in HC to hold judgment till our partition suit ends. 3. In HC, Mr.X & his 2 daughters, Mr. Y, Mr. Z are parties & since, in 8 acres, Ms. B had rights, can she file IA to become party even though its not partition suit in HC
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
She can file IA if her interest is affected by the said proceedings.
1. Since the said property was in use and occupation of Mr. B , then after dispossession he can file a compliant before the magistrate under section 156(3) of CrPc on the ground of dispossession forcibly from the property.
- Further, he can also file the suit for Declaration and possession before the court.
2. Yes,
3. Yes.
1. B is not having any rights over the proeprty hence even though she may file a suit for declaration of title and repossession, it may not be maintainable, therefore chances for repossession are very bleak, B should not have vacated the proeprty and handed over possession to opposite party under police pressure, she could have approached the court with a suit for mandatory injunction against her opponents and showed the copy to police asking them not to interfere in the civil matter.
2. If B feels aggrieved by the lower court's order she can very well approach high court separately with a revision petition. even now.
3. It would be advisable that B to file a new suit for partition instead of getting herself impleaded as a party to the existing suit because the suit for partition filed by daughters of X may not be to the same properties in the same line.
Dear Client,
1) B does not have ownership of the property so it is not worth filing a new case
2) it is possible to do it even now.
3) yes, possible.
Thank you
Reg deed - 1972 - 4 sons & 3 daughters – few properties not covered in reg deed of 1972 but father told to share among 4 sons orally & he died. In 1985, 4 sons (A, B, C, D) brought oral terms into writing & shared through unregistered deed without daughters consent. Unregistered deed terms; 10, 10, 20, 20 sites for “A B C D” sons respectively. A & B mutated their 10 sites each But 20+20 total mutated into D’s name & not given share to C. In 2012, A’s daughter “X” filed suit for partition against her father (A) & trickily asked share in 40 sites of C,D but not in his father 10 sites. In 2013, “D’ son “Z’ filed partition against his father (D) included totally of C & D 40 sites but “D” in his written statement admitted that 40 sites should be shared among all 4 sons & 3 daughters. As such, “C” filed suit for partition of 1/4th in 2016 for intestate properties. Interestingly, in 1972 reg deed stated by father that no more family properties were left for partition among anyone. In 2021, one of the daughters of joint family “E” filed partition for intestate properties of all 60 sites for 1/7th share. “E” queries 1. Is it partial partition, if share is asked only in intestate properties or is it required to challenge both 1972 and 1985 deeds to come out of partial partition 2. 2 sons of A & B who acted as per unregistered deed terms is valid without giving share to one more brother “C” & again unlawfully challenging the same from A’s Daughter “X’ 3. Unregistered deed of 1985 to brining oral partition into written format is valid without registration & without acting all together by 4 sons with many disputes 4. For Daughters, given share in 1972 deed but no share in 1985 & even not took consent of daughters & is it valid 5. Father stated that “no more properties left for partition among family members in 1972 deed” but there were properties left out & will that statement holds good for 4 sons & will it bar daughters rights
Asked 3 years ago
Un registered deed of 1985 is not valid
2) mere statement that there are no further properties left would not bar daughter rights
3)consent of daughters was necessary for division of properties
4) you have to claim share in all intestate properties . Unregistered agreement of 1985 is in admissible in evidence
1.As per your contention, there was a registered partition deed partitioning the properties in the year 1990.
However few other properties remained unpartitioned which was shared by sons alone ignoring or excluding the daughters and never bothered to allot the daughters their rightful and due shares.
The daughters are entitled to 1/7th share out of the 60 sites.
The unregistered partition among the sons in the year 1985 is not valid and not binding on the daughters hence they can claim their rightful shares in the 60 sites of properties.
2. That is a mischief by the them.
3. Legally it is not maintainable
4. The daughters are entitled to their respective shares as mentioned in the point one above.
5. What is the proof that the father has stated them so, if so how could these properties emerge after that?
Ignore such flimsy statements.
1. Challenge both
2. No it's not valid.
3. No
4. No
5. No it will not bar
Dear client,
1) both can be challenged
2) it is not valid but they are not on the wrong side as they did were following the agreement to the best of their knowledge
3) No
4) No
5) statement will not hold good and even daughters can claim it
Thank you