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vipra (enginer)     04 April 2009

My grandfather's partition deed

Dear sir, please share your knowledge’s. We are hindu religion family from south india. Our’s is a big family. My grand father has passed two years back, he has made an partition deed for his 5 sons and he registered it 10 years back. My grand father property is purely his property and not ancestral. My grand father’s partition deed is not made in parity (i.e) three of his son is getting very big share while other two son’s are getting only a small portion of his property. My father is getting only a trivial portion of my grand father property. My father was the back bone for my grand father’s growth in all terms, my father is second son for my grand father.

My father asked his younger brother’s (3 brother’s) that they should not try to execute the partition deed made by my grand father (passed) and all 5 sons should get the equal share. But my father’s younger brothers are not accepting to make an equal share, they are claiming partition should take place as per the registered deed.
Please advice is there is any way to cancel the partition deed made by my grand father which is already registered.
How my grand father can do disparity between his 5 sons, whether this is acceptable as per Indian law. Ist not all kids are same for their parents
Please note really I don’t want to hear, there is no way to cancel my grand father's partition deed. Please advice, I wanted to support my father to get his right’s in his share.  

 



Learning

 15 Replies

Y V Vishweshwar Rao (Advocate )     04 April 2009

Mr Vipra !


Some  more details are required


You are saying  that it is your GF property and not ancestral property


You are saying your father is back bone of your GF for his  growth . Growth !!!!-whether  your father contributed some amounts for the acquistion of properties  by your GF,  if so ! the situation would be defferent !


Next clarification the Partition deed ! whether your father is one of th Executant of the Partition deed aceeptign the Deed made by your GF and now claiming equal share !


While admittign that the proerty is not  ancestral proerty,  your are admitting that the  property is self acquired proerty of your GF.


If it is self acquired proerty  of your GF , there will not  be any Partition,  it is desire of your GF to dispose the proerty as he whishes  like sale,  gift etc  


South Indian Hindu family !-  I  hope your  are governed by Mithakshara School of Hindu  law 


To claim otherwise , it should be proeprty acquired by your GF with the contribution of your father ,Tthen the nature of property  would be  deferent   - nto self acquired proeprty of your GF


Plase give details for further consideration

vipra (enginer)     05 April 2009

 


Yes, its my grand father’s property

 

My grand father was having 3 shops. My father was not educated, he worked in those shops for more than 20 years, without getting any single rupee, so my grand father bought properties. But there is no record to show that my father worked for 20 years with out getting any salary from my grand father. All my father’s younger brother’s are got educated.   

 

This partition deed was made by my grand father without our knowledge (10 years back). After my grand father’s death ( 2 years back) only we came to know that he has made the partition deed and registered. After reading the partition deed, my father said to his younger brother’s, that we should make equal share ( 5 equal share); as my father and his elder brother is getting only a small portion of the total property, whereas rest 3 younger brothers are getting huge property.  

 

Yes, all property are self acquired by my grand father ( but with the support of my father only). But now we cannot prove that my father was back bone for my grandfather’s growth.

 

We are from chennai

 

But how to prove in front of law that my father contributed to my grand father (for 20 years), when there is no written proof.

Y V Vishweshwar Rao (Advocate )     05 April 2009

Dear Vipra


Your Father made contributions i.e;- 20 years free service to your family/GF with out any remuneration  , This is also contribution , by which the family benifited and your GF was able to earn,got educated  the other sons  and  acquire proerties , Your father contribution in this regard need not be in writing,   it can be proved by oral evidence .   It is fact that your father was not educated and doing the business/ work with your  grand father , though  busines was in the name of GF, it appears that  it is was treated as Business of Your GF & Your father and all benifits from Business shall belogns to Your GF and his son/s , 


Regardign the Partition Deed the details whther  your father was one of the party to it and he accepted the Partition deed, is not mentioend  .


Partition Deed,  to be executed between share holders , by your Grand father and Sons , you mentioend that your Gf executed the Partition  Deed --- ? .


Your father claim is correct and he has to ignore the mentieodned partition deed or any other deed executed by your GF and claim the Partition for equal share , as the proeprties  were acquired  by your GF and your father by joitn efforts ( 20 years contribution of your father with out any Remuneration )

vipra (enginer)     05 April 2009

Dear sir


Very sorry for the wrong wording. My grand father made the “WILL” and not “Partition deed”. My grand father registered the “WILL”


Yes sir, my father really worked hard and supported for my grand father’s growth. I really wanted to get his rights for his each sweat.


My grand father divided the property in such away 3 of his son’s will get major share and 2 of his son’s will get only small share. My father did not know about this “WILL”. Only after the death of my grand father, we come to know about this “WILL”. Please let me know, whether I clarified it correctly.


Whether I can get my father rights (I mean, atleast 5 equal share). Even though my father contributed a lot for my grand father’s growth, we are asking only equal shares.

Y V Vishweshwar Rao (Advocate )     05 April 2009

You are advised to contact a local Senior Advocate and explain the above facts and request him to file a suti for partition on the basis of all the above  facts -i.e;-  properties acquired by joint efforts of your father and Grand father, the contents of the Will deed, so far it relates self acquistionof your GF , are not  correct , ----  and claim for partition in equal shares .

Jithendra.H.J (Lawyer)     05 April 2009

I agree with VVV Rao, you have to challenge the will also

vipra (enginer)     06 April 2009

Thanks for Mr. YVV Rao & Jithendra.


Challenging the "WILL" is possible??? as per indian law. Even i prove my father worked for 20 years without any money for my grandfather's growth.

Jithendra.H.J (Lawyer)     06 April 2009

you should challenge the Will, you have to get dome declartion regarding the will in the partition suit itself

Jithendra.H.J (Lawyer)     06 April 2009

sorry for the spelling mistakes:


kindly read it as


you should challenge the Will,


you have to get   declartion regarding the will in the partition suit itself


 

vipra (enginer)     06 April 2009

We have the copy of the "will" also with us. So we will put everything about the "WILL" in the suit


Sure, i will take it up further. 20 years is very long period for any free service. At the end even we lose, atleast i will have mental satisfaction, that i fought for my father.

Shashikant V. Patil (Lawyer)     06 April 2009

As above our Ld. friends says  are agreed that, you have to challage the said subject "Will" in the court.   First verify the said "Will" wheather it is signed by in front of two witnesses or not.  And your GF was a physically and mentally sound at the time of execution of will ?   Other so many  points you have to take into consideration  for challenging the Will.

Shashikant V. Patil (Lawyer)     06 April 2009

As above our Ld. friends says  are agreed that, you have to challage the said subject "Will" in the court.   First verify the said "Will" wheather it is signed by in front of two witnesses or not.  And your GF was a physically and mentally sound at the time of execution of will ?   Other so many  points you have to take into consideration  for challenging the Will.

vipra (enginer)     06 April 2009

Sir, thanks for the inputs. the "will is witnessed by two gents".


I will give some more informations. In one campus my grand father constructed (ofcourse with help of my father) 8 houses (6 house are big and 2 are small). My fathers younger brothers (i.e 3 young brothers) are getting 2 big house each and my father and my father's elder brother are getting one small house each. Apart from this there are some vacant land within the campus which are not defined or covered in the will.


So the "will" is not made clear also, how these vacant land (within the campus) will be counted??. Whether with this point also we can question the "will" is not appropriate one

vipra (enginer)     07 April 2009

One more clarification, please.


The "WILL" is made by my grandfather and witnessed by two of his friends. All are passed now, i mean, his two friends are also expired. So this will have add on value??? in the suit


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