Partition suit
siri
(Querist) 21 October 2011
This query is : Resolved
Registeed WILL(year 1983) contents as follows
Testator out of her 4.2 acre she gave 2.1 acre north side property to his 1st son children X,Y putting 1st son has guardian on that property till his death & remaining 2.1 acre on south side property to 2nd son children 'Z' putting 2nd son has guardian on that property till his death.testator also mentiones X,Y,Z and guardians names.Now 1st son who acts as guardian for these days died on year 2006.Now X,Y want to partition their shared property that obtained by WILL by filling partition suit in court has their father had died.In my state ,Probate of WILL is not compulsary.. So PLZ calrify
1)How X,Y can file partition suit for property of only 1.1 acre (Note: already testator had given GPA for remaining 1 acre before her death and it was sold at time of testator live only) without invoving Z,since X,Y has no good relation with Z.
2) Is it possible for X,Y to file suit for partition directly for their shared property with certified copy of WILL which indicate their share & death certificate of their father.Is these sufficient for partition suit as there is no need of compulsary probate in my state
PLZ tell legal procedure for us not to involve Z and also how to pray in court for partition of 1.1 acre only though in WILL it is mentioned as 2.1 acre with out showing GPA of remaining 1 acre in court.PLZ tell best suggestion
siri
(Querist) 21 October 2011
But I am asking answer for partition for above query
Raj Kumar Makkad
(Expert) 21 October 2011
You should raise subsequent query in the original thread.
It is again advised to file civil suit involving Z as one of the parties in the present matter of partition also.
M V Gupta
(Expert) 23 October 2011
The facts stated by you are bit confusing. Will comes into force only on the death of the testator and not before. This being so how the guardian of the X & Y could have sold part of the property which was not partitioned by metes and bounds? However now that the testator and the the father of X and Y having died X and Y as the beneficiaries under the will can file a suit for partition for their remaining share of the property.
