cpc

ancesstral property


Dear sir,

    My father in law died in the year 1996 with out any will.My wife has two elder brothers and mother.

In the year 2002 all four made partion deed in Rs.20 stamp paper and all the four signed. 

My wife's eldest brother was running a finance company and he was accepting deposits from 

public and could not pay interest and repay the deposit. So Economic offences wing has filed a case against him in the year 2003/4 and the case is running in the Economic offence wing of the Highcourt.

The partion deed is not registered and when my wants to sell her share of the property her brothers refused to

sign the sale deed.  However we recently find that the court has attached the share of property of the eldest brother which is mentioned in the partiton deed in the year 2004

Can the court attach the property of the Eldest brother as the partiton deed is not registered

 

the case is stil pending in the court.

My questions are

1) How can my wife get her share of the property ?

Please explain in detail

Regards

K.Sethuramalingam

 

 
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Lawyer in Hyderabad.wats app no.9989324294

 different people - usually among the family members. 

Each divided property gets a new title and each sharer gives up his interest in the property in favour of other sharers. 

Therefore, partition is a combination of surrender and transfer of certain rights in the estate except those which are easement in nature. 

The transferee can then further deal with the property in any manner as he may so desire. He can sell, transfer, exchange , or gift the property as its absolute owner
A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him. 

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.

A partition deed for a property is executed to divide the property among different people - usually among the family members. 
 

 
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Advocate

Dear Mr. K.Sethuramalingam,

Your wife has to plead that even prior to the execution of the unregistered Partition Deed, herself and her mother along with her brothers have partitioned the property after the demise of her father however orally before the elders and that the same was reduced into writing at a later point of time to remove misunderstandings and ambuguities. Ask your wife to file a suit for Declaration basing on the oral partition and get her share protected under due process. For more details you can contact me at the following Address:

Thanking you,

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

 
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Advocate Solicitor & Consultant

Dear friend,

Your case is already half solved, as out of the total property the share of the eldest Brother has been already attached by the court that means the rest of the property share has been automatically been accepted as per the partition deed and your wife can demand her share by way of the filing a case for declaration and possession only in the local civil court mentioning all the facts of the property and how it has been partitioned through a partition deed if there is a partition deed thought it has to be registered as per the provisions of Sec 17 of the Registration Act but is a sufficient evidence to prove a family settlement.

 
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