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Deekshit Kumar (private)     01 October 2021

Family member certificate - legal heir certificate

Hello Sirs,

I want to apply for Suit for Partition on Paternal grandfathers property!

Please let me know the documents needed to file along with the suit in Telangana State.

Both parents are alive. Paternal grandparents expired (no death certificates available with us).

Thanks in advance.

DK



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 October 2021

first apply to  obtain death certificate from e-seva centres. 

The documents required for filing a suit for property partition are mentioned as below:

  • Identity proof of legal heir.
  • Certified copies of all title deeds of the property, including the descripttion of the property.
  • Valuation of property.
  • Birth and Residence proof of the legal heir.

Deekshit Kumar (private)     01 October 2021

Rama chary Rachakonda sir, thank you very much for your answer...

sir, actually, father got divorce from mother and he sold his share of property (from his father) along withi his brothers.

So, now at this instance, I being a grandson, can file suit for partition on that property. father is alive but not living with us.

In this context, please guide me to get that property. thanks in advance

DK

 

M V Gupta (Advocate)     02 October 2021

Divorce of your father from your mother has no bearing on the issue raised by you. When your father is alive you cannot file suit for partition. you have also stated that your father has already sold his share in the property. Hence what is the cause for your query?

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Deekshit Kumar (private)     02 October 2021

Originally posted by : M V Gupta

Divorce of your father from your mother has no bearing on the issue raised by you. When your father is alive you cannot file suit for partition. you have also stated that your father has already sold his share in the property. Hence what is the cause for your query?

Any legal remedies available to son to recover damages/compensation for that sold property, please guide

Dr J C Vashista (Advocate)     03 October 2021

Proof of death of grandparents, surviving member certificate of your grandparents and your locus standi along with descripttion  and site plan of intestate property left behind by your grandparents will be must for filing a suit for partition.

Consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding. 

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