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Sister filed partition suit for ancestral property mutation done
08-Jun-2023 (In Property Law)
my sister sent a legal notice for partition of ancestral properties stating that still we are in joint possession of ancestral properties and she wants her share now.but there are no joint family properties moreover we are enjoying with absolute rights for past 35yrs and mutated in revenue records long back and paying land tax.now she is going to file a partition suit against us.now i want to file a caveat for not to file a partition suit on wrong grounds because there are no joint properties and not to issue any interim orders without our notice. is it acceptable in court do i have chance
Hi
Since there are no joint properties and these are individual properties since the last 35 years,even if your sister files a partition suit, you will win.
Better to file a caveat. a caveat is valid for 30 days only.
Use the validity period of caveat to collect and collate all certified copies of title deeds, revenue records, property tax receipts etc and keep them ready. in the event of your sister filing a partition suit, submit these documents and claim your ownership.
alternatively you can file for permanent injunction and declaratory title against your sister by paying 5% of market value of the property as court fees(court fees is different from lawyer fees). once you file, then you have the first mover advantage and the threat of the sister to file a case on you will loose steam .
from what you have stated in your query, i am sure, you will win the case easily.
Since there are no joint properties and these are individual properties since the last 35 years,even if your sister files a partition suit, you will win.
Better to file a caveat. a caveat is valid for 30 days only.
Use the validity period of caveat to collect and collate all certified copies of title deeds, revenue records, property tax receipts etc and keep them ready. in the event of your sister filing a partition suit, submit these documents and claim your ownership.
alternatively you can file for permanent injunction and declaratory title against your sister by paying 5% of market value of the property as court fees(court fees is different from lawyer fees). once you file, then you have the first mover advantage and the threat of the sister to file a case on you will loose steam .
from what you have stated in your query, i am sure, you will win the case easily.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Who is the main owner of a joint property?
Joint Tenancy
The property is divided equally among the co-owners. It also works with the concept of survivorship, which means that if a co-owner passes away, his rights are automatically transferred to the tenant who survives.
What is difference between co-owner and joint owner?
In both cases, co-owners can sell their shares to other people. Only in the case of death, does there arise a difference. If one owner dies in a joint-ownership situation, the share of that deceased owner automatically passes to the other co-owners. 14-Sept-2022
Can father and son buy a property together?
Who are co-owners of a property? The law does not specify who can be co-owners of a property. Anyone can own a property, including spouses, parents, siblings, children and even children of the same parent.
What are the legal rights of son in the property of his father?
Sons do not have a right to a property they acquired themselves, but if they can prove their contribution towards the acquisition of the property, then he may be entitled to a share. The son will not be able to claim a share if the father has already given the property away, either by gift or by will. 19-Feb-2023
Certainly yes as far as caveat is concerned, you can file it to avoid any order by prejudicing the mind of the court. Firstly, You have to reply to the legal notice through a lawyer by taking a proper stand, Secondly, the rights in the property cannot be curtailed by revenue records. We have to look into other aspects prior to rendering detailed legal advise.
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