Partition suit
shivanu
(Querist) 03 October 2013
This query is : Resolved
Hi All,
Our Bua/Chachi has filled a civil Suit for partition by Stating the property has been bought by ancestral funds and that has not been divided .
1) Property Bought and was in the name of Dadi Year 1972.
2) She executed the Registered WILL in the name of My Father in Year 1988 ,She did not disclose the WILL as she didn't wanted to give property to other children's (Younger Son /Daughter /Elder Son) .
3) She Died in Year 2004 and my father got that property in his name from MCD by showing registered WILL and Dadi Death certificate .
4) My father owned another property so he didn't wanted to give additional Tax ,So he transferred the property to my mother through a sale Deed in Year 2006.
5) My mother wanted to give some portion to his Daughter ,So she had given half portion of property to Daughter in Year 2011 .
6) Daughter Entered in an collaboration agreement and started construction .
7) Suddenly Bua/Chachi filed a civil suit in High Court for Partition 2012 .
Now I need to understand from all my friends what is the sanity of this case in our favor ,How we can fight aggressively .
They have not shown any details on Ancestral Funds through which property has been bought .
Do probate of WILL is required in Delhi as when property was getting transferred in my father name MCD doesn't asked for NOC from legal Hires .
Please help me in understanding of case future .
Regards
ajay sethi
(Expert) 03 October 2013
obtain probate of will of grand mother . it will help you in your case . probate is not mndatory in delhi but in event of any disputes relating to property advisable to obatin probate
Rajendra K Goyal
(Expert) 03 October 2013
Defend the case strongly with the help of some lawyer.Agree with the advise of the expert ajay sethi ji.
shivanu
(Querist) 03 October 2013
Sir thanks for your reply ,one more query ,
civil Suit for partition by Stating the property has been bought by ancestral funds and that has not been divided ,How they will prove property is ancestral and bought by ancestral funds ..Our dada came to India in 1947 and Suit property was bought in 1972 ..
C.V.Kansara
(Expert) 04 October 2013
Will is essence of suit. If you start proceedings for probet, lt will be objected by opponent n in that case probat proceedings will be converted in civil suit. N in that case you will have to prove will. So it is well advise by expert to engage an expert lawyer. Dispute is likely to be complicated.
V R SHROFF
(Expert) 30 October 2013
engage property Lawyer
prabhakar singh
(Expert) 30 October 2013
Since a suit of partition has already come where you would claim under will and I think
even father of your sister is not challenging the WILL but claiming it be bought from ancestral fund so it should be treated ancestral coparcenary and not your DADI's exclusive property.So neither probate
is required in Delhi nor is it of any use having regard to suit of your bua,where all rights would be adjudicated.
It should not be your headache how your bua prove her case?
You need to prove it was bought from stridhan sources of your dadi and was her exclusive property for which she could testate a WILL as of right and she did it
and the WILL and subsequent transfer by your father in your mother's name and then transfer by your mother to her daughter has been in your bua knowledge and she has appeared to bargain illegally without right
due to development plans,thinking if hindered,some encashment may be as property
disputes have long life, once they come in courts.
HENCE THE ONLY ADVICE IS THAT VISIT A CIVIL
LAW lawyer nearby you.
ajay sethi
(Expert) 30 October 2013
contact a local lawyer
