24/04/2019 at 2:29 AM #4106geethjvbMember
A suit was filed by Prabhu on Prasad. The suit was filed on the basis of an alleged Unregistered Will which have been said to be executed by Prabhu’s Father on Prabhu
and his family members in the year 2010.
Prabhu and Prasad live in Adjacent Houses. Prabhu is living in 13 Ankanams of site belonging to her sister executed to her by her Father and Prasad is living in 58 Ankanams of his Self acquired Properties. Prasad filled all documents relating to his Property in the court which are genuine.
Prabhu’s Father has only two properties 1)self acquired property of 13 Ankanams and 2) an ancestral property of 6 ankanams which has been sold Long back. The said 13 Ankanams has been given to Prabhu’s Sister by Prabhu’s Father through an Registered Will executed in 2011. No information about the Unregistered will or any other property belonging to Prabhu’s Father was mentioned in the Registered Will. It was clearly mentioned in the Registered Will that Prabhu’s Father Self acquired 13 Ankanams of Property which he is executing on his daughter as his Son Prabhu is not looking after the welfare him.
Prabhu’s Father died on July 2014, Prabhu with a bad intention and to gain illegally from Prasad has filed a suit basing on a created Unregistered Will. A forged signature of Prabhu Father was used in the unregistered will.
The Contents of the Unregistered Will are
1) Prabhu Grand Father self accquired 115 Ankanams of site at Prakasam
2) Prabhus Grand Father died Intestate, after his death the property was divided between his 5 sons ( 1st Son got 25 Ankanams and 2nd, 3rd, 4th and 5th son got 22 1/2 Ankanams each out of 115 ankanams).
3) They are Hindu Joint family
4) Prabhu Father got his share of 22 1/2 Ankanams out of 115 Ankanams
5) The said 22 1/2 ankanams need to equally partitioned between Prabhu, Prabhu’s mother and Prabhu’s sister
Prabhu in his Plaint prays that the said 22 1/2 Ankanams has been illegally occupied by Prasad who is living Adjacent to the Prabhu House.
And Prayed Court that
a) For Partition of the Said Schedule Property
b) Delivery of Vacant Possession from Prasad
Facts of the Case
1) Prabhu or his Father or His ancestors do not have any said 115 ankanams of site at Prakasam
2) Prabhu dont have any documentary evidence or title deed or Partition deed supporting the 115 Ankanams it is all created story
Present Situation of the Case
1) Prasad directed Prabhu to produce documents related to 115 ankanams Under Order 12 Rule 8 of CPC where in Prabhu relied he has not right to direct him to Produce Documents
2) The same was put before the Court and requested the court to direct him to produce the related Documents
3) Issues were framed
4) Trails have not started yet.
Note : Prabhu dont have any land of 115 Ankanams or any document related to it. He filed this suit with illegal motive, expecting wrongful gains and to Harass Prasad as he is an old Govt retd employee aged 72
1) what need to be done to dismiss the case
2) There is no property or property related document. Then is it necessary to go through trails on illusion property
3) What steps need to be Followed to defeat Prabhu in this case
Thank for your Patience and Reply
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