Legal Question in Civil Litigation in India
My father died 48 years ago. I have a sister married in 1974. Myself and my mother had to sell landed property for her marriage. In 2003 we sold another piece of land (Sch-A) and my mother gave her from the sale proceeds a sum of Rs. 8,00,000/-. Still I have another piece of land (Sch-B) Both the properties were mutated in my name 48 years back.
When the matter stood like this, my sister filed a partition suit claiming share in both Sch-A and Sch-B properties, inspite of the fact that we have agreed to share Sch-B in writing. I think she cannot claim any share in Sch-A. Kindly suggest can I file an application to reject the suit.
2 Answers from Attorneys
You can defend the suit.
in case you can prove that you gave her Rs. 8 lacs and 8 lacs is equivalent to 33% of share of the property, she is not entitled to claim her share in that property.
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