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Partition suit

(Querist) 10 February 2016 This query is : Resolved 
Sir,
i had gone through your several posts and i m very much impressed with your logics and way of answering.This is the reason why i m sending you this mail in my hours of crisis.My Grandfather was serving as a teacher and
he had four children, two sons and two daughters. My father is elder amongst all sibling.since my Grandfather was working as a teacher , so he use to come home town occasionally.In the absence of my Grand father ,my
father was performing the role of guardian(KARTA OF A HINDU FAMILY).My father had performed all his duties and responsibilities with honesty.He never used any means to get personal property.As a KARTA of a Hindu
family he had done the rituals o f my Grandfather and Grandmother, done the marriage of both his sisters and brother(my uncle),built a house on ancestral land and supported whole family by all means(my mother was
a teacher and she had paid for all those things).Even my father helped my uncle financially when he was studying(now he is a professor in a college).My father sold some pieces of land at the same time he purchased
some pieces of land also, when my Grandfather was alive(he done all these things with the permission of my Grandfather only and all purchased land is registered in the name of my Grandfather only). Now the situation
has changed and my uncle has filed a partition suit in the court of SDM and made his both sisters shareholder in the ancestral land(Although sisters are not in the favour of taking any share as they are satisfied with what they
got during marriage and they are in the favour of my father,they can give it in written also).

NOW MY QUESTIONS ARE:-
(1)My father has not received the partition suit notice filed by my uncle because he was not available that time(although my father has a copy of that).what happen when he will not receive notice again and again??how he can
avoid to receive the notice???
(2)My Grandfather`s Grandfather had 120 acres of land and he had two sons (one my Grandfather`s Father and one more).60-60 acres of land were divided between my Grandfather`s father and his brother.my Grandfather was
two brothers and each of one got 30-30 acres of land.but all the partition was done verbally and not by any court also there was no written agreement made.Till now even mutation was not done and all the lands are in
the name of my Grandfather`s Grandfather only.In this situation how partition will take place??will it start from my Grandfather`s Grandfather???
(3)My uncle wants to get 1/4th share in the land which my father had sold when my Grandfather was alive(with my Grandfather`s permission only and sold land value was used to purchase other land).
Is it possible that my will get share in that sold land???
(4)My father`s both sisters are not interested to get any share in any land.They are willing to give it in written also.but my uncle had made both of his sisters share holder without their knowledge.in fact by doing this
he wants to pressurise us.How my father should go ahead in this case???
(5)What remedial actions should be taken by my father in this situation??From where to start and to whom he should approach??
(6)We want to settle this matter first through talk and then by court.but my uncle is very egoist, he does not want to talk.he wants to pressurise us by partition suit filed by him.how the process of partition can be delayed
(so that,He can come to know the practical thing)s???how much time we should take to respond his notice???

Thanking you and waiting for your precious reply.
P. Venu (Expert) 10 February 2016
The partition suit is already in the court. Let the process take its course. You may verify whether summons has been issued and the present stage of the case and then appear in the matter through a lawyer.
KUMAR (Querist) 10 February 2016
sir ,till now no summons has been issued.
Kumar Doab (Expert) 10 February 2016
It is believed that you are Hindu.

As per your original query the summons have have been issued but no one at the address of your father received the summons.


The property that is in the name of Great Grandfather or Grandfather shall devolve upon all ClassI legal heirs.


The daughters if entitled to share can relinquish the share in anyone's favor.


All Legal heirs had the option to divide by an amicable registered family agreement.
Anirudh (Expert) 10 February 2016
Dear Mr. Kumar,

All our replies will be of no effect, unless one sees the suit filed by your uncle and without knowing the foundation laid by him for claiming the partition.

Therefore please wait for the receipt of the copy of the suit. Once received, post the contents here.

After going through, some additional information has to be obtained from you to check up whether what is stated in the suit is correct or not.

Only after doing this exercise, one will be in a position to give a view in respect of your query.

Any answer before that will have no meaning whatsoever. It is like shooting an arrow in the darkness.
Rajendra K Goyal (Expert) 11 February 2016
All related documents need to be referred, consult local lawyer and discuss in detail.


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