about part in family properties

Kamlesh soni (Querist) 24 February 2009 This query is : Resolved
Respected experts, please guide me to find my client’s solution:
My client is a elder brother among all the five son of a farmer. After his father’s suddenly death his 3rd number’s brother himself doing as a nominee of his father property. And he working dishonesty in the family partition. My client has not good relation with his this brother. Now my question is that “Is my client get the part of this properties? my client has no any other land except his father’s properties. Can he gets the farmer right? how? his brother do not want to support him. Please guide me the proper way.

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PALNITKAR V.V. (Expert) 24 February 2009
The best course to have partition and separate possession of lands.

sanjeev murthy desai (Expert) 24 February 2009
Yes i agree with Mr. Palnitkar.

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 February 2009
I do agree with my both friends.

A. A. JOSE (Expert) 24 February 2009
While Mr.Palnitkar's answers is right, it is also felt that further details from the author would be welcome as to how and by what kind of nomination the 3rd brother said to have been administering the property of his father in exclusion of other legal heirs and what about the other brothers of your client,etc.

M. PIRAVI PERUMAL (Expert) 24 February 2009
I agree with Mr. Palnitkar.

Uma parameswaran (Expert) 24 February 2009
Who is nominated third son as nominee of the father? Best option is to go before court and file partion suit.If there is any document to prove that he is a farmer then he can claim farmer's right.

Kamlesh soni (Querist) 24 February 2009
respected Uma, no one can nominated third one .he appointed himself as a nominee. now he blame that he is the nominee and he had all right. further he refuse to give any portion to my nominee. now which step we have to take?

sanjeev murthy desai (Expert) 25 February 2009
Dear Kamlesh,

Partition suit is good remeady for your case.

Abhishek (Expert) 26 February 2009
i il go wid Mr. desai..

Jithendra.H.J (Expert) 27 February 2009
are the properties ancestral and joint family properties, hope your client's father died without leaving any will, as other experts said you have to file a suit seeking partition and separate possession of the properties, may also ask mesne properties as the brother is dishonest, son of an agriculturist presumed to be a agriculturist.