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Author Topic: questio on deed - in a suit  (Read 486 times)

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Offline heena sathish

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questio on deed - in a suit
« on: March 06, 2018, 01:37:52 AM »
sir,
in case of a 3 brothers in hindu family, and two brothers ,married and  residing out of town ,and one brother residing in the ancestral property for the last 30 years, claims that he has got a settlement deed from mother 30 yrs back especially when it is not a self acquired of mother.the deed is registered but without the consent of other legal heirs or no legal heir doc attached.so, if i decide to go for a partition suit on my brother,will this settlement deed ,n his side,be considered as a strong evidence for him to claim his share?
he has been residing in the property for last 30 yrs and got the mutation record/eb to his name using the above settlement deed , 10 yrs back.

Offline kalaskarkk

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Re: questio on deed - in a suit
« Reply #1 on: March 15, 2018, 12:56:57 AM »
Dear Sir,

Please be informed that a co-sharer cannot claim adverse possession and cannot claim title by such claim in respect of joint family property. Since it is not your mother’s self acquired property as such your proposed suit for partition is maintaining. If your brother comes for compromise after filing such suit then it is better to go for compromise and end the matter.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: questio on deed - in a suit
« Reply #1 on: March 15, 2018, 12:56:57 AM »

 

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