Sister claims 3 brothers defrauded her in release deed

NT Correspondent

Bengaluru: The High Court of Karnataka has allowed an original suit filed by a sister against her three brothers to continue as the allegation had to be proved in the lower court’s trial.

The HC dismissed a revision petition filed by the three brothers stating “I do not find any merit in the revision petition and the order passed by the Trial Court does not suffer from any legality and correctness and the matter has to be adjudicated and it requires a trial.”

The sister, a resident of Australia, had alleged that her brothers obtained her signature on the document of release deed by misrepresentation and fraud. The document was signed on July 1, 2019.

The sister claimed that she was entitled for 1/6th of the family property. But when her husband was not keeping well, she was taken to the sub-registrar office stating that she has to sign a document as a witness and her signature was obtained on the release deed which stated that she has given up her rights over the property.

The woman then filed a suit for cancellation of the release deed before a trial court. The 65-year-old Komala, filed the suit against her brothers GS Mahendra, GS Ravindra and the wife of her third brother (since deceased) GS Gnanendra.

The application of the brothers seeking rejection of the suit was not allowed by the Trial Court. The brothers then filed a revision petition before the HC which was heard by Justice HP Sandesh. The brothers contended among other things that the pliant was filed by Komala in Australia but it was filed in Bengaluru.

Her verifying affidavit was also signed in Australia, they contended. They also claimed that she had received financial assistance from them while she constructed a house in Shivamogga and when her husband was ill. It was also claimed that the suit was not properly valued and only Rs.25 court fee was paid.

However, the HC noted that Komala had filed a suit in which she had claimed fraud by the brothers and therefore the trial had to be held.

“The case of the plaintiff that by misrepresentation only her brothers have obtained the said document and hence, the said contention is a matter of trial,” the HC said.

The HC also dismissed the other contention of the brothers that she has not signed each page of the plaint filed before the lower court.

“No doubt, on perusal of the plaint, each page has not been signed. But the plaint has been signed including verification hence; the contention that not signed each page cannot be a ground to dismiss the plaint at the threshold. Hence, I do not find any merit in the revision petition and the order passed by the Trial Court will not suffer from any legality and correctness and the matter has to be adjudicated and it requires a trial,” the HC said dismissing the revision petition.

Ends/- Civil Revision Petition 339/2023