Equal Partition
sudhakar
(Querist) 31 March 2010
This query is : Resolved
Hi all,
We are two sons for my mother, my father had another family. He left us on 1985; there is no evidence of his residence. My mother died in 2002. In the heir certificate it’s mentioned that my father is my first heir. We made a partition among us by speech. Now my elder brother is refusing for a mutual partition as we spoke. He is enjoying the whole property. In this how to proceed for a partition. And after partition how to register the property in my name.
Property details
1. One house in my mothers name from my grandfather as a gift deed. (in the document its clearly mentioned that after my life of mother its belong to sons so there is no interfere of my father)
2. One small house bought by my mother and registered in her name.
3. One land bought by my mother and registered in her name.
My brother taking the 1st property, because there is no interfere of my father.
I tried to search of my father but there is no trace of his presence.
How can I make a equal partition? And after getting my part how to register the property without the first heir (father).
Devajyoti Barman
(Expert) 31 March 2010
If you father is untraceable and unheard of for the last 7 years then he is treated as dead person in the eye of law. In that circumstances you have no difficulty to file a suit for partition among yourselves.
bhupender sharma
(Expert) 31 March 2010
first of all u file a suit for declaration of the same as your father is missing and the same has been not heard or seen for more than seven years, so that the presumption can be taken under the evidence Act thereafter u may file suit for partition in this respect.
