Regarding Partition Suit
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
My great grandfather did not make any will for his property. After his death his property(located in Kolkata) was mutually divided among his four sons but there was no partition deed made for the same. The said partition was made on mutual & verbal agreement.
Present scenario is - Out of these four sons:
- The eldest son(my grandfather) is nomore and his descendants are his son(Mr. A)(my father) & his daughter(Ms. B). His wife is dead.
- Second son sold his portion to Mr. A(my father). Sale deed was made.
- Third son is nomore and his descendants are his wife(Mrs. W), his son(Mr. S) & his daughter(Ms. D).
- Fourth son has sold his portion to third son. Sale deed was made.
As I mentioned, the property was mutually divided as per their convenience.
All the daughters mentioned above are married and have their respective children.
Currently, Mr. A(my father) is residing in the property(portion) which he purchased from his uncle(Second son of my grandfather). This portion is demarcated in the sale deed.
My grandfather's portion is occupied solely by his daughter(my aunt)(Ms. B).
Legal heirs of Third Son of my grandfather are enjoying their respective portion alongwith the portion they purchased from Fourth Son of my grandfather.
N.B.: Third Son(of my grandfather) mutated his portion alongwith the portion he purchased & Mr. A(my father) mutated his purchased portion.
My father wants partition deed of the entire property(property of My Great-Grand-Father).
I would like to get advise:
- whether it will be good to file a suit for partition in court
- or partition through mutual settlement will be advisable?
For both the cases which one would be convenient? And what would be the completion time for both the cases.
Thanks for your help.
adv. rajeev ( rajoo )
(Expert) 22 March 2011
Whether any share was given to your father during the partition? If not he can file a suit for general partition and seperate possession of his share.
Querist :
Anonymous
(Querist) 22 March 2011
Thanks for your advise.
R.Ramachandran
(Expert) 22 March 2011
Many things are not clear. For instance, when did your great grand father die?
When did your grand father die?
Where is the property situate?
The way in which you have narrated the facts, it appears that the property is not ancestral.
Therefore, upon the death of your grand father, both your father and your aunt being legal heirs are entitled to equal share in the same.
According to you, the property is currently in possession and occupation by your aunt.
To claim his share, your father has to file a suit for partition.
You have to make it clear whether you would prefer not to file a case - in case the time taken for resolving the issue through court is more than what you normally prepared for; and /or if the cost would be more than what you estimate?
Then you also please indicate what is the range of period and cost acceptable to you. Once your view is known for the queries in this paragraph, one would be able to say whether it would be possible to accomplish the task within the said period and cost.
Querist :
Anonymous
(Querist) 22 March 2011
This is ancestral property. The property belonged to my Great-Grand-Father. The property is located in Kolkata.
Great-Grand-father died way back when my father was a kid. My Father's age is now 60 yrs. My Grand Father died when my father's age was 28yrs.
I want the partition suit to be resolved within 1-2 yrs and cost should be affordable. I believe initially the shares of the four sons of my Great-Grand-Father needs to be registered. Then my father's share will be decided and registered accordingly. Please advise.
R.Ramachandran
(Expert) 22 March 2011
Please consult a lawyer in Kolkatta for this.
Querist :
Anonymous
(Querist) 23 March 2011
Thanks to all for your advice.
n.k.sarin
(Expert) 25 March 2011
agree with Mr. Ramachandaran.
Querist :
Anonymous
(Querist) 25 March 2011
Thanks to all
