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Bk   25 February 2020

Partition

Dear Experts,

please suggest me how to proceed with below query.

 facts of the query-

my father elder son acquired propery but due to joint family he registered on his father name.

1. two properties one acquired by my father but registered on my grand father name and second my grand father hut.

2. 4 brothers and 3 sisters and mother are present after my grand father death

3. before his death first two elder brothers started living seperately.

4. my father is a mechanic even though he is staying out he took care of his younger brothers, mother and taught them work and once they know they learned work with her mother force they thrown out my father from his own workshop

5. here whole family are illetrates, except last two brothers wifes and last brother father in law is a retired head master

6. after my grand father death my father raised for 8 equal partition but younger brother apposed the partition with full support of his mother and their father in laws

7. after 2 years we approached a advocate and he sent a notice on my behalf of me not from my father

8. that time big fight happend with my father 3 brothers along with their mother and last brother father in law since my father is alone and me 19 years we didnt resist them

9. with force of local gundas they settled 50k ruppes as my father part for a property value 30 lakhs with out any ethics

10. my family postion was very bad all these years but now i'm settled i want to take my father share and teach them a lesson

11. i took nakals of the properties(EC) and found partition was not done in registration office they just took some signatuers on agreements in bond papers from me and my father.

12. i hope in agreement papers they might have mentioned like they gave equal share, they called my father alone and took signature from him since he is illetrate he dont know what they have written in those bond papers.

13. i approached a good local advocate he told we go for partition suite.

14. please guide me how can i tackle this situation and  get my father equal share, first brother dead and last two brothers removed hut and they constructed houses in one grand father earned land and they are paying property tax on their names, in my father earned property they are still paying powerbill and property tax on my grand father name.

15. if i file partition suite they have proofs of agreements, i'm a software professional did llb aswell, but dont have practical knowledge so thinking the best possible way to take my share and teach them a lesson.

looking for valuable suggestion.

 

Regards,

BK

 

 

 

 

 



Learning

 6 Replies

Real Soul.... (LEGAL)     25 February 2020

You can just file for partition suit and calim rentals of property if it was under their occupation.

Adv Haresh Raichura (Advocate on Record)     25 February 2020

Yes. File suit for partition and possession. Take interim order that others cannot sell property during pendency of your case Then midway, request court to refer case for mediation. Mediator may talk with all parties and can persuade them for settlement.

2) If on some documents signatures are taken forcibly, suit cancel those documents may also be considered.

Dr J C Vashista (Advocate)     26 February 2020

No time for such a long story and oblige.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Bk   26 February 2020

Thank you Haresh and real soul sir for taking time to go throught and your suggestions, experts kindly advise your suggestions, Haresh sir suggested suitw cancellation of agreement which I don't know only experts like you only suggest which may help me gain my lost rights back.

P. Venu (Advocate)     26 February 2020

It is ufficient if the suit for partition is filed with the pleading that no partition and settlement has taken place and the property is in joint possession of the all the legal heirs of your grandfather. It is for the respondents to plead their version of  the events.

Bk   27 February 2020

Thanks for the Reply Venu sir,

last two younger brothers are holding the property and they used forced and took agreement from my father it happend in year 2000, my father is a weak person with ethics unable to resist them, now if i file the partition suite they will tell they already given my father by showing the agreement which took my father sign in it. so i want proper defence to nullify their forcible agreement so that i can get my father equal share. kindly suggest if any better approach other than the one Haresh sir suggested.

Regards,

BK


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