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Author Topic: Partition Suite after 35 Years!  (Read 324 times)

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Offline RamBhakt

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Partition Suite after 35 Years!
« on: May 04, 2016, 11:33:01 AM »
Dear Experts,

I will try to present the situation as clearly and concisely as possible. Please ask for clarifications if I there are any questions. Here are the basic facts, in chronological order:

1. My father purchased and gifted me a property in 1975, when I was still a teenager. Note that there is no evidence to prove that the money came from him and that he gifted similar properties for my younger brother and sister in Nepal. The property in my name is in India.

2. The property has been in my name and possession ever since; albeit used for family gatherings and functions from time to time.

3. Things went bad, as they usually do, and I gifted the property to my wife in 2011. Later that year, my father and mother joined forces with my brother and filed for a partition suit to divide the land in 5 portions: 1 each for my father, mother, brother, sister, and myself.

4. The partition suit does not include any other property in the name of my siblings, just my property. My brother is in possession of all the property to his name in Nepal. Since then my father has passed away. The case goes on.

Questions:

1.   My children and I have been using this property as mine for 35+ years. It was intended for me and I never thought this situation would arise. My mother still lives with us but the situation is getting worse every day. Even visits from my brother and his family every now and then is disruptive.
2.   What are my options here? Does the partition suit hold ground here?
3.   What do the Hindu succession laws say? Does this property not belong to me by acquiescence and estopples? What law takes precedence here?

Thanks in advance for your input!

Offline advjaibansal

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Re: Partition Suite after 35 Years!
« Reply #1 on: May 05, 2016, 04:34:13 AM »
Dear Sir,

The property was gifted to you 35 years before by executing a gift deed. Now as i understand they have only filed a suit for partition and no declaration is filed challenging the said gift deed, which was excited in your favour. If they continue like this, without challenging the gift deed, in that case they may not succeed. Even if they challenge the gift deed now, they may not succeed as its beyond limitation for fling a suit for declaration.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Partition Suite after 35 Years!
« Reply #2 on: May 08, 2016, 03:09:23 AM »
The partition suit does not have any merit but you have to contest it. Hopefully it will be dismissed if the gifted property is being proved.

For further consultation in details, you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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