Attachment before judgement from family court petitioned by Sister In Law

3 years ago

Need the sincere feedback, any pitfalls with the drafted Reply along with associated sections of law to litigate plus additional points
1. I am the 1st Respondent, christian, aged 38, male ,unmarried, 10th fail.
2. My only sibling/brother passed away in may 2019 and My Father in 2002.
3. My mom/2nd Respondent, aged 76, executed Dhananishchayam deed in favour of me for a building/home(gifted to my mom by her mom) and associated land of 50 cents in may 2020 and the same had been mutated in my name.
4. In August 2020, My Sister-In-Law/1st Respondent, aged 47,graduate, got a interim attachment before judgement for the said building before family court claiming 27 Lakhs(including interest) which she had spent between the month of june 2018 and Dec 2018 for renovating( Replacing Doors and windows, entire plumbing and fittings, electrical items, 2800 sq.feet roofing, 2500 sq.feet interlock lay) the same building using 75 sovereign of gold out of 80 sovereign she got during her marriage in Sept 1999.The estimate of the renovation certified by some engineer and marriage certificate are attached with the affidavit.
5. Assume, my SIL had actually done the renovation but using a lesser amount of around 17 Lakhs, but has no substantial evidence other than withdrawals from ATM ,the estimate and (may be) some informal bills.She might not have any documentary evidence to prove the utilisation of jewels but she had been financially supported by her NRI brother.
6. Apart from this case,In Sept 2020, the petitioner/SIL had filed a partition suit for another 3 acre land which is jointly owned by mom and her late husband against my mom and myself.Unknowingly,we also filled the same partition suit against the petitioner and her daughter around the same time.
-------Summary of drafted Reply to the case -------
a. I want the stay against building to be removed because the said renovation as claimed by petitioner was done when my mom was the sole owner of the building.Therefore I am not liable for anything prior even if the claim of the petitioner is proved correct.The petitioner is aware of other properties of my mom/2nd respondent.
b. We claim,Replacing Doors and windows, entire plumbing and fittings, electrical items were done in 2014 utilising sales proceeds from land sale in 2013 by my mom/2nd Respondent and remaining work was done in 2016 utilising the proceeds of a bank loan taken by my mom in 2015.
c. We claim the money borrowed by the late petitioner's husband(my brother) also since the petitioner is in process of inheriting properties of her husband.(Refer 6)
d. We are asking the petitioner to return 16 Lakhs(8.5 Lakhs + interest), the money that been paid quarterly as instalments as licence fee towards the joint account of the petitioner and her husband for a mobile tower located in the 3 acre land under partition suit(Refer 6).Petitioner and her husband forged my signature to enter into this agreement with mobile tower company when I was in gulf.