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Q.Please share the latest Supreme court various citations no.for Un Equal Register Partition Deed & so...
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Q. Please share the latest Supreme court various citations no.for Un Equal Register Partition Deed & some properties was not part of original Partition deed:

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Anonymous

posted 1 month ago

Family Tree –-- Late Father & Mother --- 4 Sisters & one Son
Share of all properties of Late Father as follows through Register Partition Deed
(1)Mother / Wife Alive – Defendant-2
(1.1)25Lach Cash is given as her share in Partition deed.
(1.2)No physical property is given.
(1.3)As per Written Statement Leaving with Son (Defendant-1).
(2)Daughter-1 ( Elder Sister-1 ) – Defendant-3
(2.1)30x40 sq.feet site belongs to ancestor given by Father during his life time through register gift deed,
(2.2)The same is sold by all family member before the Register Partition deed & before Father death.
(2.3)The same is mentioned as her share in Partition deed.
(2.4)Market value at the time of Partition deed was 50Lakh.
(3)Daughter-2 ( Elder Sister-2 )--Plaintiff
(3.1)30x40 sq.feet site belongs to ancestor given by father during his life time through register gift deed.
(3.2)The same is mentioned as her share in Partition deed.
(3.3)Market value at the time of Partition deed is 100Lakh
(4)Daughter-3 ( Elder Sister-3 )-- Defendant-5
(4.1)50Lach Cash is given as her share in Partition deed.
(4.2)No Physical property is given
(5)Daughter-4 ( Elder Sister-4 )-- Defendant-4
(5.1)30x40 sq.feet site Father Self acquired property. given through Partition deed
(5.2)Market value at the time of Partition deed is 100Lakh
(6)Son ( Younger brother ) ( Got Maximum Share ) – Defendant-1
(6.1)60x40 one vacant site. Market value is 200Lakh
(6.2)60x40 duplex house. Market value is 250Lakh
(6.3)19600 sq.feet land. Market value is 1250Lakh
(6.4)As per partition deed if above 6.3 property is sold, 50Lakh will be given to sisters (Plaintiff & Defendant-3/4 & 5 ) or any other purpose 50Lakh will be given OR If constructed 1200 sq. feet one apartment will be given to (Plaintiff & Defendant-3/4 & 5 ) & not for Defendant-2
(6.5)No time limited is fixed for above 6.4 in Register Partition deed.
(6.6)As per Partition deed it has stated that above 6.3 property, the sole ownership & the right to negotiate or sell or any third party transaction without consent of other family members alone by
Defendant-1 Son.

OTHER POINTS: -----
(A)Kartha (Father) Died (March-2013) before the Register partition deed (In June-2014).
(B)The Register partition deed is Un equal among the family members.
(C)The Register partition deed contains some are self-acquired & some are ancestor properties.
(D)Father Kartha was given / executed gift deeds of ancestor properties to Plaintiff & Defendant-3 when he was alive.
(E)Case BETWEEN Elder Sister-2(Plaintiff) to Defendant-1/2/3/4/5 & All Defendants are supporting Defendant-1 as per Written Statement, which is against Plaintiff.
(F)As per WS a family panchayati held before Partition deed; however in reality no as such discussion among family member.
(G) Emails are exchanged from Plaintiff husband to Defendant-1 before register deed. Both Lower & High court Stay order are vacated based on this email. Case started in August 2016.

Properties not Included in Register Partition Deed :-------
(a)After the stay Vacated by both Lower & High court in Nov-2017. Plaintiff has identified 2 more self-acquired properties of Late Father, which was not part of Original Register Partition deed. Measurement are 15,246 sq.feet & 26,136 sq.feet. Market value is around 140Lakh.
(b)Plaintiff requested Court to amend the suit in Jan-2018.
(.c)Mean time Two Release deeds are executed by Defendant-1 from Defendants-2/3/4 & 5 in March-2018 WITHOUT Plaintiff.
(d)One Release deed by paying cheque 50Lakh from Defendant-1 to Defendants 3/4 & 5 (as per Partition deed) & also consent by Defendant-2. These cheque are not encashed by Defendants 3/4 & 5 due to fund shortage or waiting for Defendant-1 to confirm the cash availability in his Bank account & also no objection has raised by defendants so far for late encashment. The above 6.3 property neither developed nor no sold as of now land is vacant.
(.e)Another Release deed for 2 New properties was not in original plaint by Defendant-1 from Defendants-2/3/4 & 5 as love & affection no share is given to any of defendants.
(f) no objections was filed by Defendants 1/2/3/4&5 against Plaintiff request to add these 2 new properties in original plaint.
(g)Lower court has passed order in favor of Plaintiff to amend the plaint for 2 new properties to be included which was not in original plaint in Nov-2018

Chronological order:----
(1)Plaintiff Gift Deed executed during Father life time Sep-2010
(2)Defendant-3 Gift deed executed during Father Life time Oct-2010
(3)Defendant-3 sold the Gifted property in March-2011 along with all other Defendants 1/3/4/5 plus Plaintiff.
(4)Father died in March 2013.
(5)Partition deed in June 2014.
(6)Case filed in August 2016
(7)Lower & High court Stay Vacate in Nov-2017
(8)Plaintiff Request to amend the plaint for 2 new properties in Jan-2018 to Court.
(9)Two Release deeds in March-2018
(10)Court ordered to amend the plaint in Nov-2018
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A. What do you exactly need? please be clear in your query

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Viswanath M K

Experience: 5 Year(s)

Responded 1 month ago

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Anonymous

Replied 1 month ago

Sir, Considering unequal parties deed & no time limit for allocation of share & Gift given by late father consider as her share in deed & new prosperity nor part of deed etc.. As per derailed posted seek u r help

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A. Dear Sir,
The description given by your is to lengthy please make it short and re-submit as experts have no time to spare as it is free and charity work.

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Anonymous

Replied 1 month ago

Sir, pls help t share super court citations numbers for unequal register participation deed considering facts posted. Your time is precious,, kindly help

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Anonymous

Replied 1 month ago

pl support considering all the details shared

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A. what do you want to know?

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Suneel Moudgil

Experience: 15 Year(s)

Responded 1 month ago

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Anonymous

Replied 1 month ago

Sir, Super court citations for unequal Register partition deeds considering my explanation posted.

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Suneel Moudgil

Experience: 15 Year(s)

Replied 1 month ago

citations provided upon complete facts of the case,
better to ask your lawyer
or
contact one prominent lawyer along with complete case file to get a relevant CITATION

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Anonymous

Replied 1 month ago

Seek your support Sir considering all the points explained / shared

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