Partition
basavaraj shiromani
(Querist) 17 July 2013
This query is : Resolved
Joti filed a suit for partition and separate possession against one Siddappa and his brother Shankar as the properties alledgely belongs to her grand father who is the father of Siddappa and Shankareppa. Siddappa denies her daughter status with him as she is not his daughter by filing WS and he claims that he is bachelor. Both brothers residing together and constitute joint family. Joti in support of her status she has got only school transper certificate and birth certificate. But in both certificates her date of birth is different and place of birth is different. In one way she says that according to transfer certificate her date of birth is correct and in another time as per her birth certificate her date is correct.
My question whether Joti without independently establishing her status can claim partition. How she can prove her genealogy in a partition suit ?
Both brothers are living together without partition.
Her mother name is mentioned as Neelawwa in her birth certificate but no whispering regarding her mother in a plaint itself.
what will be the condition of the suit filed by Joti whether she is entitle
adv. rajeev ( rajoo )
(Expert) 18 July 2013
To solve this problem DNA test is necessary. Whatz about the voting card?
Dr. Jyothi Vishwanath
(Expert) 18 July 2013
She has to prove her status properly. Even DNA will not be permitted. First the basic documents must be correct. When there is discrepancy in the basic documents and lots of mutual conflicts in them, it shows that the woman is fabricating false records. She is cooking up stories. She cannot get anything till she proves she is daughter.
M V Gupta
(Expert) 18 July 2013
Did she claim in her plaint that she is the daughter of Siddappa? If so and as Siddappa denied (he claime that he is a bachelor), it is possible for her to establish her status through her mother.She can file an affidavit from her mother.
