Partition case help
moon
(Querist) 27 August 2015
This query is : Resolved
Dear Sir/Madam...
We are two brothers and two sisters. Our mother died 12yrs ago and father expired about 8 yrs ago. i am the elder son in my family. i have a son. my elder brother also have one son. my papa had a tea garden of 80 bighas. after the death of our father my elder brother had looked after that tea garden. i m a government worker and he doesn't have any job. so i did not take any amount of profit from the tea garden. but now i claim my portion of land as i got retirement. but my brother is not willing to divide the property stating that , there is a will by my father where the garden was gifted to my elder brother's son. i am not aware of that will. even my father also never told me about such a will. so plz request you to help me out.
n.b. one of our sister died and the other already signed an n.o.c. stating that she does not require any property.
P. Venu
(Expert) 27 August 2015
You can file a partition suit. Let your brother plead and prove the Will, if any.
Rajendra K Goyal
(Expert) 27 August 2015
It is supposed that you are Hindu. The heirs of sister who has expired has share in the property.
Try to have amicable settlement, if not possible, file partition suit.
moon
(Querist) 27 August 2015
I have already suit a partition case..... but is it possible for my brother to apply that will without a proved case..... caz i m not concern about that will or even my father never told me about such a will which he made in his days..... how can i know the genuinity of that will????
