Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sanji-Paul Arvind F (Manager, Data Research)     14 October 2015

Partition suit

Dear Sir / Madam,

This is in regards to a partition suit filed by me in 2011 on my Late Fathers siblings (3 sisters).

My grandfather was in Karnataka State Reserve Police and he had got the house for rent in 1947. After his death in 1982, my father along with other sisters and brothers signed a no objection letter to transfer the property details onto my grandmother. In 2002 my Grandmother bought the house from BBMP, and deceased in 2005. In 2011 3 ladies (my father’s sisters) without any original document transferred the Katha on their names excluding my late father (or even me). BBMP people have taken a written letter signed by 5 neighbors saying I am living with one the ladies; though me visiting and given a written statement and legal notice to the Revenue Officer saying I am filing a partition suit. They ignored and issued the Katha.

After the case was filed, they prolonged the case for about 2 years saying they will compromise which did not happen. I have produced all the evidence related to the property (sale deed, tax papers etc.) as I had them. Now they are claiming that the property was left by my grandmother for 3 sisters only, however the sale deed still stands on my grandmother’s name. There is no proper will; however there is legal document from my grandmother saying the property should be shared among all brothers and sisters, this document was not submitted as the lawyer said it is not valid.

My question is, can these people claim the property without any documents or evidence except the Katha.. They also threaten saying they have some political back round and other illegal means. And these are the people who have helped then on getting the Katha.

Kindly suggest as to how to proceed with this..

Thanking you for you suggestiona and awaiting on you responses.

Regards,

Sanji-Paul



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 October 2015

The intestate property of the grandmother shall devolve on all her legal heirs equally.  Since you have filed the partition suit, you may implead the local Revenue authorities as a party for he relief of cancelling the Khatha, also proceed with the suit without giving it up midway on any threat or emotional dramas they may deploy. 

Sanji-Paul Arvind F (Manager, Data Research)     20 October 2015

Thank you very much Kalaiselvan Sir...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register