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tejinder sethi   14 June 2024

Declaration suit vs partition suit for claim in deceased father's property

My wife's father died inestate leaving behind class 1 legal heirs. Currently my mother is occupying the house and she has gifted the house to her son's son without the consent of other legal heirs. Although other siblings are not interested to claim but my wife is keen to claim her share. In such a scenario should we proceed with declaration suit or partition suit. Please advise.


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     14 June 2024

Your wife can issue a legal notice to her mother asking for partition and separtae possession of her share in the property, failing which she can file a suit for partition against her mother and other siblings seeking the said relief.

amazing Career   24 June 2024

Thank you Sir 

tejinder sethi   26 June 2024

Can we file suit for partition and mention constructive possession ? This will help in court fees at fixed rate.

P. Venu (Advocate)     27 June 2024

Yes, file the partition suit pleading that the property is in joint possession.

tejinder sethi   29 June 2024

B. 5. B Court fees will be exempt for women litigants in cases relating to (a) Maintenance, (b) Property, (c) Violence and (d) Divorce."

Can you please elaborate on above.

P. Venu (Advocate)     29 June 2024

Court fee varies from State to State

tejinder sethi   01 July 2024

In the course of suit filed, what happens if the defendant (my wife's mother) suddenly dies?

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

If the defendant dies then her legal representatives will be impleaded as necessary parties to conduct the case in furtherance.

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