Suit for partition fo be filed by the granddaughter....
Suresh Babu Rai
(Querist) 26 April 2014
This query is : Resolved
Respected Members..
My client is the granddaughter of one 'X', who had two sons. First is the 'Y' elder, second is the deceased father of my client 'Z', who died leaving my client behind him. That X has inherited properties such as movable and immovable through his ancestors. That X also have his self acquired properties. X,Y and Z so far has not partitioned any of the immovable and movables inherited through their ancestors. I have strong proofs that 'X' has purchased some immovable properties derived frim the immovable properties through his ancestors.
Now 'Z' died due to accident. Z and Y hatched a plan and denying the share of 'Z' in any of the properties such as movable or immovable. They even necked out my client, who is only daughter of deceased 'Z'.
I am intending to sue the X and Y through my client who is a minor (next friend).
Advice me suitably, the rate of succeed of the suit of partition.
Thank you one and all
R.K Nanda
(Expert) 26 April 2014
partition cases drag for many years in courts and success depends upon merits of each case.
Rajendra K Goyal
(Expert) 27 April 2014
Your client i.e. grand daughter has no share in the self acquired property of Grandfather till he is alive.
She can file suit of partition for the ancestral property for her share for which she is entitled due to her father now deceased.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
The partition suit claiming legitimate share in the ancestral property will be maintainable, but will take long duration.
