Dear Sir,
I am Nehal from kerala.My grandfather has 4 sons and 1 daughter.His youngest son is my father.My grandfather died withouting doing any partition many years back. My father also died recently. Grand father only left a hand written white paper which says what property will be given to whom, details of his property etc with his sign along with signs of his 4 sons and 1 daughter.
Now when we are trying to have a discussion with all my uncles for the partion , they are not ready to agree as per the white paper details which is lefft by my grand father. They all want equal share from the property.Now I have decided to file a partion suite. Before that I need to get some queries clarified. Please answer.
1. Property includes house which my family(including my late father) have been staying since many years. Can we claim that house and the surrounded plot while filing partion suit since we have been staying there for many years? In the white paper left by my grandfather also says the house and surrounded plot will be given to my father.
2. Mr. X one of my father's elder brother has alredy got his share registered in his name from my grandfather. Now he is again asking for some property. Can we exclude him when filing partion suit as he already got his share?
3. If we cant exclude Mr.X , can we include his share(that is also ancestral property) also when doing partion as he has got more property than everyone else. It is even more than the equal share.
4. Will court consider market value of the property also when we file a partion suit? Because among the whole property other plots are having low market value and the our house and surrounded plot is having high.
Please clarify the queries.
Thanks.
