Query on partition
Anonymus
(Querist) 16 July 2013
This query is : Resolved
My family include my father, mother, 3 sisters and 1 brother and wife. My father was the only son with 3 sisters. After death of my grand father , my father got all property that was earned solely by my grand father. He did the mutation of that property in his name. I am not sure if he has transferred it in his name. My question is:
1. My father is selling those property to fund my younger brother business without my consent. Can I file partition suit ? What is the procedure?
2. If my brother is starting business on that land, then can I claim on that during partition? All business are in his name.
3. If my father has just done the mutation then can his sisters also claim their share now?
Dr. Jyothi Vishwanath
(Expert) 16 July 2013
When did your grandfather die?
1.Yes you can file a partition suit. Since it is the property of the grandfather, it is ancestral property. Even if it is mutated in the name of the father, all have rights in it and father cannot sell it to fund one person's education. You have to approach a lawyer for filing partition suit.
2. In business you cannot claim any share if he has invested funds from his pocket just because it is on the family land.
3. Yes even the sisters can claim share in the property.
Anonymus
(Querist) 16 July 2013
Dr.Jyothi,
Thanks for the reply.
My brother is not investing his own money.My father is selling some part of ancestral land to fund his business. Although business run in brother name. My query is:
1.Partition is still not done. So if my brother is doing something on ancestral land, will that also be divided between us at the time of partition.
Anonymus
(Querist) 16 July 2013
Also my grand father died in 2002.
R.K Nanda
(Expert) 16 July 2013
no reply to AQ.
Dr. Jyothi Vishwanath
(Expert) 16 July 2013
Anonymous it seems.
Senior Experts refusing to reply.
Do one thing. Instead of waiting for father to sell property and fund brother's education and brother's business, go to the court and file a suit for partition and injunction. Once injunction is issued, during lis pendens, father cannot sell the property.
