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partition suit

Querist : Anonymous (Querist) 24 July 2011 This query is : Resolved 
Respected sir/madam,

The house is allotted to my grand father on lease cum sale agreement in the year 1973 after the sad death of my grand father.All my uncles and aunts given the concern for transfer of lease cum sale agreement in the name of my father.we are having the copy of succession certificate of all legal heirs and no objection affidavit in the year 1976.
In the year 1980 there is new lease cum sale agreement made in the name of my father.After making all the payment to the housing board in the year there is sale deed in the name of my father in the year 1983.
Now my uncle file a partition suit against my father as the lease cum sale agreement first in the name of my grand father after is sad death they have given no objection in mutual understanding .
Can they claim the partition nearly after 30 years.
Please help me.
as the payment made by my father to the housing board and the sale deed 1983 year in the name of my father still they can claim for partition.please help
Advocate Bhartesh goyal (Expert) 24 July 2011
yes,your uncles can claim partition as initially the property belongs to your grand father and after his sad demise your uncles have not relinquished their share and rights they only made no objection in granting succession certificate in favour of your father that does not mean that your father is absolute owner of the property.
Y V Vishweshwar Rao (Expert) 24 July 2011
I agree with Mr Goyal !

The facts of your case mentioned in the query suggest that there is no partition and there is no relinquishment of joint rights of your uncles in favour of your father . The Mutation/recording the property in the name of One legal heir is for and on behalf of all the legal heirs- unless otherwise it is shown- established that the rights of the other legal heirs are legally & by legal implication relinquished /or/ extinguished !
Shastri J.K. (Expert) 24 July 2011
I am not agree with mr. Goyal.

your uncles can not claim partition. They are bound by law of estopel.


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