Querist :
Anonymous
(Querist) 31 January 2011
This query is : Resolved
my query is , father and mother having 2 sons and 3 daughters. during lifetime of parents 3 daughters marriage took place. thereafter 2 daughters died. oral partition taken place between 2 sons and they had constructed their respective portions with their own money and they are living in their respective portions. both father and mother died. the link documents are with 2nd son. eldest son is having 4 sons and younger son is having two sons. recently they agreed to reduce in to writing and paid stamp duty. but the younger son didnot attended for registartion. after that the eldest son died recently. what are the legal remedies available to the legal heirs or family members of the eldest son.
n.k.sarin
(Expert) 31 January 2011
The Legal heir or the family members of the eldest son can file partition suit or they can file declaratory suit on the basis of oral partition .
G. ARAVINTHAN
(Expert) 06 February 2011
Mr Sarin's view is right. But in that you need to prove possession in respective properties
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