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Amrita Singh (Manager)     11 July 2011

Partition needed, I am in a BIG trouble

 

Respected Sir

 

let me tell you about our family first

family consist of 3 brothers and a sister

(Late) Mr. A>> First son: My husband who is no more in the world, I have only one daughter who got married.

Mr. B>> 2nd son:  Separate family and living in the same property

Mr. C>> 3rd son: Separate family and living in the same property

(Late) Mrs D>> 4th Daughter: No more in the world and left and below here family member (2 daughter and one late son)

   i) Two daughter (one of them is married and 2nd live together at their father's place)

  ii) One son (Who is no more in this world:( and was married, dont have any child)

____

 

Now, let me explain the issue:

Both the SON are staying in the front position of the property, one (Mr. C) of them don’t want to talk about the partition and other (Mr. B) dont want to put his neck in this issue. (tried solving this issue by local panchayat also included locality's municipal councilor but didn't get any solution)

Sister who is no more in this world but her daughter is very active and want to separate her late mothers portion of the land.

NOW... when i didn't get any solution anywhere so decided to go to COURT. Late Mrs. D's Daughter might or might not be with me.

 

I am staying in a room which is fully damaged and everyday someone stealing something from my home (some thief :()

 I am in a big trouble, please advise me what to do and how to do.

I will be very much thankful to you.



Learning

 5 Replies

N. AKSHAY BERI (LEGAL ADVISOR)     11 July 2011

PLEASE TELL WHETHER THE PROPERTY IS ANCESTRAL PROPERTY OR NOT?

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     12 July 2011

Dear Querist,

 

Facts presented is unclear. However, based on what could be retrieved, I am of the view that you may consider filing suit for declaration and injunction immediately without wasting any further time.

Amrita Singh (Manager)     12 July 2011

Thank you very much for the responses and sorry my post was not totally clear...

This property is of the late father of Mr. A/B/C and Mrs. D

re posting with edit and hoping it will be clear than earlier:

 

 

Now, let me explain the issue:

Both the SON are staying in the front position of the property,


(Mr. C) don’t want to talk about the partition


 (Mr. B) dont want to put his neck in this issue.


(tried solving this issue by local panchayat also included locality's municipal councilor but didn't get any solution)


(Mrs. D) Sister who is no more in this world but her daughter is very active and want to separate her late mothers portion of the property.


NOW... when i didn't get any solution anywhere so decided to go to COURT. Late Mrs. D's Daughter might or might not be with me.


My special thanks to you all for your suggesion..


Could you also Please tell me, what documents should be needed after case opened. I will try to arrange those document first then will start the case in court.


THANK YOU!!!

Amrita Singh (Manager)     16 July 2011

Please reply

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     16 July 2011

Dear Querist,

 

Please attange documents/evideces relating to your relationship with your father or inter se relation with other brothers and sister. Since you are wife of first son, you will have 1/4 shares in the property. As already advised, suit for declaration, suit for partition and permanent injunction are something you will have to seek for and immediately.

 

Trust this would suffice.

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