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anil kumae (boss)     08 January 2011

knowledge about partition and probat

My father and uncle are the joint succesor and have got the probate of the will of my grand ma who passed in 1989 on 2003. but now we can't come to a conclusion on what ground to make partition.

so can we know approch the kolkata highcourt and how much time will be required and money.


 6 Replies

anil kumae (boss)     08 January 2011

they are also telling that they have taken the business of my grand ma which has suffered a loss of 1.2 crore and so they want more. But no such loans are mentioned in the probate or in the will but they are telling that it is their in the balance sheet of the company from 1978.Also they have transfered this company in their name without knowledge of my father after my grand ma's death and is now asking for the loss of 1.2 crores. so what can be done to get the partition in minimum time.And also what will be the cost

R.venkatesh Naidu (.)     08 January 2011

*when both of you probate the will, you both entitled the share has mentioned in the will.  But there is no entry in the will about  your divided share, both of you right to divided in 1/2 share.

**Debt: If any debt has been mentioned or not in that will both of you liable to pay the debts as mentioned the basis of the share. 

***but in this problem, at an point of time, your father did not concentrate your grandma's business.  Your uncle only maintain that business.  In the mean time there are most of possibilies to do any of misfunction in your grandma's business by your uncle.  So, your father need not laiable for the middle of the time raised debts created by your uncle. 

****The time and the  cost for your case are not be speified.  becuase it depends the court and the lawyers

1 Like

anil kumae (boss)     09 January 2011

thanks for ur reply....

actually in the will it is specified as equal ratio. But by some forged means my uncle got control of the business as a proprietor and is now telling that that as it was a lose in the balance sheet of the company from before only and as it contined in his time so if my father wants back the company he has to bear the investment which my uncle has already made of about 1.2 crores. But actually he has made papers for it from his reliable vendors.So is it possible to fight a case regarding this and win it in the court of law.

Also we dont know how he transfered the company into his personal name. And is there any % money required to be deposited in court for such cases

R.venkatesh Naidu (.)     09 January 2011

in case your uncle create forged documents in name of your grandma and your father, then he transferred the  title to his name.  otherwise the title could not be converted

anil kumae (boss)     11 January 2011

can anyone share some idea as to how to file a case and where to file.will it be a criminal case or partition case only

R.venkatesh Naidu (.)     11 January 2011

you go to  file a civil suit for the forged documents which was created by your uncle, are declared as null and void and simulataneously if the forged documents are proved by you as forged you may file a criminal suit under sec.192, 418,420 .463, 464 477-A of IPC,.

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