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Rumi Kumari (None)     07 November 2021

Partition suit rules

Hi, 

My grandmother has a house in a nice suburb area of Dumka. My grandmother has 2 son (one is my father) and 3 daughters (3 bua, aunty). I'm the sole daughter of my father who is the son of my grandmother. 

Out of 3 bua (aunt), one is deceased without any children and her husband has re-married. Other 2 bua(aunt) is willing to give her share of the property to me. The only condition from their side is they are willing to sign the property papers but not willing to come to court. 

Total deceased in the family:

  1. My Grandfather and Grandmother
  2. My father
  3. 1 bua (aunt) and has no child and husband has re-married.

I'm planning to file a partition suit against my uncle who is currently controlling all the property. I have the following question:

  1. Does the husband of the deceased bua (aunt) have the right to property given he has remarried, also my bua (aunt) is childless?
  2. How shall I proceed in my partition suit, given my other 2 bua is willing to share her property with me? Is it possible to make them co-petitioner instead of filling partition suit against them?
  3. What is the right document to sign for my bua who is willing to share the property with me and when is the right time, Is it right at the time of filling the case or when the judgement comes?

I'm really looking forward to the advice. 

Regards



Learning

 1 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     07 November 2021

Your grandparents' children have equal rights over the properties of your grandparents.  For your father's share, you and your mother have equal rights over the share of your father.  Your deceased aunty's husband has also a share of his deceased wife though he remarried. Your aunties who are willing to give you property may gift you after doing a partition.  So first file a partition suit with your aunties who are favouring you.


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