Property Inheritance Dispute Guidance

"Akella Ve enkata Rama Subbarao, Hindu, Advocate, D.No.*-*-*, Priyanka Enclave Flat No.A2, Velamuri Vari Street, Kakinada, Kakinada Junior Civil Judge Court Jurisdiction The address for service of all notices on the plaintiff is that of his advocates Sri B. Radha Krishna, A. Anil Kumar Raja,, R.Venkatrao, Advocates, *-*-*, Jawahar Street Kakinada- * and that of the defendant is as stated above. *. The plaintiff submits that she is the daughter of late Nittala Rama Krishna and Satyavathi and the defendant is her sister. Apart from both of them, late Rama Krishna and Satyavathi got one son by name Satya Srinivas who unfortunately died on *.*.* unmarried, issueless. *. The plaintiff submits that her father late Nittala Rama Krishna got house property bearing D.No.*-*-*/*, situated in an extent of *.* Sq. yds of site which he got from his ancestors. Late Nittala Rama Krishna died on *.*.* intestate leaving behind his wife Satyavathi and two daughters i.e. the plaintiff and the defendant since the son is pre- deceased to him. As the property is theancestral property and there was no partition took place during the life time of father of plaintiff Rama Krishna, the defendant and the plaintiff and late Rama Krishna and plaintiff's deceased brother Satya Srinivas got1/4th share in the property and as the plaintiff 's brother Satya Srinivas died intestate, unmarried, his share was devolved upon mother Satyavathi. Thus by the time of death of plaintiff's father Nittala Rama Krishna, the plaintiff and the defendant and parents of the defendant are having */4th share each in the said house property. As the plaintiff's father Nittala Rama Krishna died intestate, his */4th share devolved upon the defendant and the plaintiff and defendant's mother Satyavathi. Thus all the three are having */3rd share each in the property by the time of death of their mother Satyavathi. Subsequently the plaintiff's mother also died intestate on *.*.* leaving behind defendant and the plaintiff and both of them got half share in the entire house property situated in building bearing no.*-*-*/*, Velamuri Vari Street, Ramaraopeta, Kakinada. this property has been separately shown as Plaint A schedule. *. The plaintiff submits that by the time of death of her mother Satyavathi, late Satyavathi used to possess valuable gold ornaments and silver articles with her. By the time of death of late Satyavathi, she used to possess (*) * rows palakasarlu wg. * grams, (*) two rows palakasarlu wg. * grams (*) * bangles * grams (*) chain by name kasula peru * grams (*) chandramuki chain * grams (*) daily use chain * grams (*) small chain. * grams (*) two rings * grams plus * grams = * grams (*) pearl ring * grams (*) ear studs one pair * grams total * grams. The plaintiff's mother used to possess silver Articles (*) * Dinner Plates Wg. 2Kgs (*) One Bowl Wg.* Grams (*) Four Tumblers * Grams (*) Paneeru Buddi of * Grams (*) Others * grams, total * grams. The total gold and silver ornaments /articles were separately shown in plaint B schedule. The plaintiff submits that all the gold and silver articles are purchased by the father of the plaintiff Nittala Rama Krishna. *. Apart from gold and silver articles, to the knowledge of the plaintiff, the mother of the plaintiff used to possess bank accounts at S.B.I. Sivalayam branch, Ramaraopeta, Town Bank, Ramaraopeta, Andhra Bank(presently Union Bank of India), Ramaraopeta, JayaSince the Lakshmi Cooperative Bank, Ramaraopeta, Central Bank of India, Nookalamma temple in altogether she used to have Rs.*,*,*/- of cash by the time of her death. plaintiff do not have the account particulars and other related information relating to the said deposits and bank accounts, the plaintiff is reserving her right to add that amount as properties to be partitioned at a later course of time if necessary. *. The plaintiff submits that the plaintiff's marriage was performed in the year, * and her marriage is love marriage. Taking advantage of plaintiff's marriage is a love marriage; the defendant always used to pollute the brains of her parents by one way or other and successfully could able to see that defendant parents should always ill-treat the plaintiff in one way or other. The plaintiff submits that as the defendant's marriage is an arranged marriage performed as per the wish of late Rama Krishna, defendant always used to threaten the parents for each and every domestic issues and used to squeeze amounts from her parents by one way or other by exploiting her parents that they performed her marriage. The plaintiff further submits that after the death of her father Rama Krishna, as husband of the defendant is working at Mumbai as the defendant is living just in front of the house where their mother is living, the defendant took all possible advantages to spoil the mind of her mother and used to take all advantages in day to day life as the plaintiff is residing at Ganganapalli. *. The plaintiff submits that her mother Satyavathi died due to throat cancer and she severely affected with throat cancer in the month of February, * and was totally unable to even speak and bed ridden and ultimately died on *.*.*. The plaintiff submits that though the plaintiff used to visit her mother daily, the defendant being residing just opposite to the house of mother Satyavathi, the defendant clandestinely snatched all her valuable gold and silver articles and transported the same to her house which was subsequently known by the plaintiff. *. The plaintiff submits that after the death of her mother, and after completion of mourning days, the defendant started behaving differently and when the plaintiff enquired and demanded for the gold and other valuable articles, she started saying that she took all the gold and silver articles and the plaintiff is nothing to do with the same. Apart from that, the defendant started threatening the plaintiff that if the plaintiff insisting for gold and silver and cash, she will see that the plaintiff should not get any share in the house property also by creating fictitious, fabricated, forged documents. The plaintiff specifically submits that her mother Satyavathi died intestate and she never executed any testament and there is no chance of executing any testament by Satyavathi during her life time as she was not in a position to speak or execute any document due to her ill health. On that, the plaintiff placed the matter before the elders, who also advised the defendant not to resort for unnecessary litigation and advised her to share the movable and immovable properties of their parents equally without having any disputes. But the defendant never heeds the words of elders and did not cooperate for the same. The plaintiff submits that since the defendant is acting against the interest of the plaintiff in spite of several mediations and the plaintiff is not interested to keep the properties both movable and immovable mentioned supra in joint in future. The plaintiff got issued legal notice to the defendant on *-*-*, the defendant having received the said notice kept quiet. *. The plaintiff submits that since the defendant is trying to act against the interest of the plaintiff, the plaintiff filed the suit for partition of the plaint schedule properties into * equal and equitable shares according to good and bad qualities and for allotment of one such share to the plaintiff. The plaintiff is also entitled for the true, proper and correct account of the income and expenditure of the plaint schedule property. Hence, the suit. The plaintiff submits that if for any reason the plaintiff came to know that there are some other joint properties, the plaintiff reserve her right to add such properties also as items to be partitioned. *. The cause of action for the suit arose on *.*.* when the plaintiff's father Rama Krishna died intestate and on *.*.* when the plaintiff's mother Satyavathi died intestate and subsequently when the plaintiff and defendant got equal rights over the plaint schedule properties and when the plaintiff and defendant came in to joint possession of the plaint schedule properties and later when disputes arose and when the plaintiff demanded for partition of the properties by issuing notice dated on *-*-* at Kakinada where the plaint schedule properties are situate within the jurisdiction of this Hon'ble court. *. VALUE OF THE SUIT: Total value of the plaint A schedule property *.* Sq. yd X Rs.*,*/- Rs.*,*,*-* * Sft X Rs.*/- Rs. *,*,*-* Value of share therein 4th market value thereon Total value of plaint B schedule Plaintiff's half share therein 4th market value thereon Rs. *,*,*-* ..Rs24,*,*.-* Rs.*,*,*-* Rs23,*,*-* Rs.*,*,*-* Rs.*.*,*-* Total value of the suit Rs.*,*,*/- Rs.*,*,*-*= Rs.*,*,*-* Ps Court fee payable on Rs.*,*,*-* Ps is Rs.*,*/- conversion of the joint possession into separate possession of the plaint schedule property. A court fee of Rs. * is paid under Section * [*] of A.C.F. Act as the suit is for" this is plaint contents of partation suit provide sample questions for cross examination of plaintiff and in favourable to defendent Show drafts Sample Questions for Cross-Examination of Plaintiff Regarding the House Property (Plaint A Schedule): Can you provide any documentation proving your father, Nittala Rama Krishna, acquired the house property from his ancestors? Were there any other siblings besides you, your deceased brother, and the defendant who might have a claim to the property? Do you have any evidence to support your claim that the property was never partitioned during your father's lifetime? When you say your deceased brother's share devolved upon your mother, Satyavathi, are there any legal documents reflecting this inheritance? Regarding the Gold and Silver Articles (Plaint B Schedule): Can you produce any purchase receipts or bills for the gold and silver ornaments mentioned in the plaint? Were there any witnesses present when your father allegedly bought these ornaments? Do you have any photographs or appraisals of the gold and silver articles to verify their weight and value? Since you claim the defendant took these items, did you ever file a police complaint for theft? Regarding the Bank Accounts: Why haven't you included the estimated value of the bank accounts in the suit's value if you believe they are part of the estate? Do you have any bank statements, passbooks, or other documents related to your mother's bank accounts? Can you explain why you haven't attempted to gather more information about these accounts before filing the suit? Regarding the Relationship with the Defendant: Can you elaborate on specific instances where the defendant "polluted the brains" of your parents? Do you have any proof that your marriage being a love marriage caused any conflict with your parents or the defendant? Can you provide any witnesses who can corroborate your claims about the defendant's alleged manipulation of your mother? Regarding the Mother's Illness and Death: Do you have any medical records or doctor's reports documenting your mother's throat cancer diagnosis? Were there any nurses, caregivers, or other family members present who can confirm your mother's inability to speak or sign documents? Can you explain how you managed to visit your mother daily despite residing in Ganganapalli, which you claim is far away? Regarding the Partition and Legal Notice: Can you provide a copy of the legal notice you issued to the defendant demanding the gold and silver articles and partition of the property? Did the defendant respond to the legal notice in any way? When you approached elders for mediation, who were these individuals, and what were the specific details of their advice? General Points: Are you aware of any debts or outstanding loans your parents may have left behind? Have you considered the possibility that the defendant might have a different version of events regarding the inheritance and property? Remember: These are just sample questions. The actual cross-examination will depend on the specific details of the case and the defendant's strategy. And more questions Show drafts Additional Questions for Cross-Examination Regarding the Property and Inheritance: Property Valuation: Who conducted the valuation of the property for the purpose of determining the suit's value? When was the valuation done? Are you aware of any recent property transactions in the area that could affect the valuation? Taxation: Have any property taxes been paid on the property, and if so, by whom? Are there any outstanding property taxes or other government dues on the property? Possession: Who has been in physical possession of the property since your father's death? Have there been any rental income generated from the property, and if so, how has it been utilized? Have any repairs or renovations been made to the property, and who funded these expenses? Regarding the Gold and Silver Ornaments: Inventory: Do you have a detailed inventory of the gold and silver ornaments, including any hallmarks or markings? Have you ever insured the gold and silver ornaments? Have any of the ornaments been pawned or sold in the past? Witness Testimony: Are there any witnesses who can corroborate your claim that your mother possessed the gold and silver ornaments? Can you provide any details about the occasions when you saw your mother wearing these ornaments? Regarding the Bank Accounts: Financial Dependency: Were you or your sister financially dependent on your mother for your livelihood? Did you have any access to your mother's bank accounts during her lifetime? Account Closure: Have any of the bank accounts mentioned in the plaint been closed since your mother's death? If so, what happened to the funds in those accounts? Joint Accounts: Were any of the bank accounts joint accounts with your mother and another person? Regarding the Relationship and Allegations: Family Disputes: Have there been any previous disputes or disagreements between you and your sister before your mother's death? Have there been any instances of domestic violence or police complaints lodged by either party? Defendant's Character: Do you have any personal knowledge of the defendant's character or reputation in the community? Have you heard any rumors or gossip about the defendant's behavior? Medical Records: Do you have any medical records of your mother's illness, including details about her treatment and prognosis? Were there any other family members involved in your mother's care? General Questions: Legal Advice: Have you consulted with any other lawyers or legal experts before filing this suit? Have you explored any alternative dispute resolution methods before resorting to litigation? Financial Situation: What is your current financial situation, and how will this suit impact your finances? Are you aware of the potential costs associated with litigation, including court fees, lawyer's fees, and expert witness fees? By asking these additional questions, the defense can challenge the plaintiff's claims, uncover inconsistencies, and weaken their case. Would you like me to draft some potential answers to these questions from the defendant's perspective? Recent Partition Suit Cross-Examination Cross-Examination Guidance "Baby Boy" Meaning "Baby Boy" Meaning "The Delhi High Court has observed that petitions filed under Section * CrPC with delays or to overcome the limitation objections of an alternate remedy cannot be entertained. In that context, the Bench of Justice Navin Chawla observed that, "the present set of petitions is liable to be dismissed on the ground of delay and laches as also for the failure of the petitioners to avail of their alternate efficacious remedy in form of Revision Petitions under Section * of the Cr.P.C. It need not be emphasized that powers under Section * of the Cr.P.C. are discretionary in nature and though there may not be a total ban on the exercise of such power where the situation so warrants, at the same time, there are limitations of self-restraint that are recognized and followed by the Courts in exercising this jurisdiction. One such limitation is where the petitioner had an alternate efficacious remedy, however, did not avail of the same within the period of limitation and thereafter filed the petition under Section * of the Cr.P.C. to overcome the objection of limitation. Similarly, the Courts have refused to entertain a petition under Section * of the Cr.P.C. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded." In this case, the petitioners filed petitions under Section * of the CrPC to quash complaints made against them under Section * read with Section * of the Negotiable Instruments Act." Transalate in telugu Show more Help Activity Settings Try Gemini Advanced Hyderabad, Telangana, India From your IP address • Update location Gemini has just been updated.  See update Conversation with Gemini "Akella Ve enkata Rama Subbarao, Hindu, Advocate, D.No.*-*-*, Priyanka Enclave Flat No.A2, Velamuri Vari Street, Kakinada, Kakinada Junior Civil Judge Court Jurisdiction The address for service of all notices on the plaintiff is that of his advocates Sri B. Radha Krishna, A. Anil Kumar Raja,, R.Venkatrao, Advocates, *-*-*, Jawahar Street Kakinada- * and that of the defendant is as stated above. *. The plaintiff submits that she is the daughter of late Nittala Rama Krishna and Satyavathi and the defendant is her sister. Apart from both of them, late Rama Krishna and Satyavathi got one son by name Satya Srinivas who unfortunately died on *.*.* unmarried, issueless. *. The plaintiff submits that her father late Nittala Rama Krishna got house property bearing D.No.*-*-*/*, situated in an extent of *.* Sq. yds of site which he got from his ancestors. Late Nittala Rama Krishna died on *.*.* intestate leaving behind his wife Satyavathi and two daughters i.e. the plaintiff and the defendant since the son is pre- deceased to him. As the property is theancestral property and there was no partition took place during the life time of father of plaintiff Rama Krishna, the defendant and the plaintiff and late Rama Krishna and plaintiff's deceased brother Satya Srinivas got1/4th share in the property and as the plaintiff 's brother Satya Srinivas died intestate, unmarried, his share was devolved upon mother Satyavathi. Thus by the time of death of plaintiff's father Nittala Rama Krishna, the plaintiff and the defendant and parents of the defendant are having */4th share each in the said house property. As the plaintiff's father Nittala Rama Krishna died intestate, his */4th share devolved upon the defendant and the plaintiff and defendant's mother Satyavathi. Thus all the three are having */3rd share each in the property by the time of death of their mother Satyavathi. Subsequently the plaintiff's mother also died intestate on *.*.* leaving behind defendant and the plaintiff and both of them got half share in the entire house property situated in building bearing no.*-*-*/*, Velamuri Vari Street, Ramaraopeta, Kakinada. this property has been separately shown as Plaint A schedule. *. The plaintiff submits that by the time of death of her mother Satyavathi, late Satyavathi used to possess valuable gold ornaments and silver articles with her. By the time of death of late Satyavathi, she used to possess (*) * rows palakasarlu wg. * grams, (*) two rows palakasarlu wg. * grams (*) * bangles * grams (*) chain by name kasula peru * grams (*) chandramuki chain * grams (*) daily use chain * grams (*) small chain. * grams (*) two rings * grams plus * grams = * grams (*) pearl ring * grams (*) ear studs one pair * grams total * grams. The plaintiff's mother used to possess silver Articles (*) * Dinner Plates Wg. 2Kgs (*) One Bowl Wg.* Grams (*) Four Tumblers * Grams (*) Paneeru Buddi of * Grams (*) Others * grams, total * grams. The total gold and silver ornaments /articles were separately shown in plaint B schedule. The plaintiff submits that all the gold and silver articles are purchased by the father of the plaintiff Nittala Rama Krishna. *. Apart from gold and silver articles, to the knowledge of the plaintiff, the mother of the plaintiff used to possess bank accounts at S.B.I. Sivalayam branch, Ramaraopeta, Town Bank, Ramaraopeta, Andhra Bank(presently Union Bank of India), Ramaraopeta, JayaSince the Lakshmi Cooperative Bank, Ramaraopeta, Central Bank of India, Nookalamma temple in altogether she used to have Rs.*,*,*/- of cash by the time of her death. plaintiff do not have the account particulars and other related information relating to the said deposits and bank accounts, the plaintiff is reserving her right to add that amount as properties to be partitioned at a later course of time if necessary. *. The plaintiff submits that the plaintiff's marriage was performed in the year, * and her marriage is love marriage. Taking advantage of plaintiff's marriage is a love marriage; the defendant always used to pollute the brains of her parents by one way or other and successfully could able to see that defendant parents should always ill-treat the plaintiff in one way or other. The plaintiff submits that as the defendant's marriage is an arranged marriage performed as per the wish of late Rama Krishna, defendant always used to threaten the parents for each and every domestic issues and used to squeeze amounts from her parents by one way or other by exploiting her parents that they performed her marriage. The plaintiff further submits that after the death of her father Rama Krishna, as husband of the defendant is working at Mumbai as the defendant is living just in front of the house where their mother is living, the defendant took all possible advantages to spoil the mind of her mother and used to take all advantages in day to day life as the plaintiff is residing at Ganganapalli. *. The plaintiff submits that her mother Satyavathi died due to throat cancer and she severely affected with throat cancer in the month of February, * and was totally unable to even speak and bed ridden and ultimately died on *.*.*. The plaintiff submits that though the plaintiff used to visit her mother daily, the defendant being residing just opposite to the house of mother Satyavathi, the defendant clandestinely snatched all her valuable gold and silver articles and transported the same to her house which was subsequently known by the plaintiff. *. The plaintiff submits that after the death of her mother, and after completion of mourning days, the defendant started behaving differently and when the plaintiff enquired and demanded for the gold and other valuable articles, she started saying that she took all the gold and silver articles and the plaintiff is nothing to do with the same. Apart from that, the defendant started threatening the plaintiff that if the plaintiff insisting for gold and silver and cash, she will see that the plaintiff should not get any share in the house property also by creating fictitious, fabricated, forged documents. The plaintiff specifically submits that her mother Satyavathi died intestate and she never executed any testament and there is no chance of executing any testament by Satyavathi during her life time as she was not in a position to speak or execute any document due to her ill health. On that, the plaintiff placed the matter before the elders, who also advised the defendant not to resort for unnecessary litigation and advised her to share the movable and immovable properties of their parents equally without having any disputes. But the defendant never heeds the words of elders and did not cooperate for the same. The plaintiff submits that since the defendant is acting against the interest of the plaintiff in spite of several mediations and the plaintiff is not interested to keep the properties both movable and immovable mentioned supra in joint in future. The plaintiff got issued legal notice to the defendant on *-*-*, the defendant having received the said notice kept quiet. *. The plaintiff submits that since the defendant is trying to act against the interest of the plaintiff, the plaintiff filed the suit for partition of the plaint schedule properties into * equal and equitable shares according to good and bad qualities and for allotment of one such share to the plaintiff. The plaintiff is also entitled for the true, proper and correct account of the income and expenditure of the plaint schedule property. Hence, the suit. The plaintiff submits that if for any reason the plaintiff came to know that there are some other joint properties, the plaintiff reserve her right to add such properties also as items to be partitioned. *. The cause of action for the suit arose on *.*.* when the plaintiff's father Rama Krishna died intestate and on *.*.* when the plaintiff's mother Satyavathi died intestate and subsequently when the plaintiff and defendant got equal rights over the plaint schedule properties and when the plaintiff and defendant came in to joint possession of the plaint schedule properties and later when disputes arose and when the plaintiff demanded for partition of the properties by issuing notice dated on *-*-* at Kakinada where the plaint schedule properties are situate within the jurisdiction of this Hon'ble court. *. VALUE OF THE SUIT: Total value of the plaint A schedule property *.* Sq. yd X Rs.*,*/- Rs.*,*,*-* * Sft X Rs.*/- Rs. *,*,*-* Value of share therein 4th market value thereon Total value of plaint B schedule Plaintiff's half share therein 4th market value thereon Rs. *,*,*-* ..Rs24,*,*.-* Rs.*,*,*-* Rs23,*,*-* Rs.*,*,*-* Rs.*.*,*-* Total value of the suit Rs.*,*,*/- Rs.*,*,*-*= Rs.*,*,*-* Ps Court fee payable on Rs.*,*,*-* Ps is Rs.*,*/- conversion of the joint possession into separate possession of the plaint schedule property. A court fee of Rs. * is paid under Section * [*] of A.C.F. Act as the suit is for" this is plaint contents of partation suit provide sample questions for cross examination of plaintiff and in favourable to defendent

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