Suit for partition
shuaib zakaria
(Querist) 11 August 2013
This query is : Resolved
propreitor
[ Scorecard : 49] [edit]
[edit photo] Posted about 3 hours ago
my grand father( muslim )died intestate in 1948 leaving residential property measuring
65000 sq ft open space with 5000 sqft built up commonly occupied by the family consisting of 6 branches
my uncles 5 branches and my father one branch , they got the same partitioned in 1971 via a registered deed
and the same is kept in common among all six branches ,
my father expired in 1975
now i have moved to court seeking partition with seperate possesion of my share
as the other five branches are claiming that my share has been relinquished orally by way of accepting cash
and also they are claiming that it is time barred for claiming share as my father expired in 1975
kindly help and guide and provide information on the same
M.Sheik Mohammed Ali
(Expert) 12 August 2013
where are you from ?
you have rights to get your share,
Raj Kumar Makkad
(Expert) 13 August 2013
If their is no written relinquishment deed duly stamped and registered with the registrar, the claim of your uncles is illegal and has no base and you are duly entitled for the partition and even relinquish of the share cannot be made especially when your father had his own children.
There is no limitation for partition of join property.
