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Ashish (Operator)     08 July 2013

Partition

Hi Sir, I am live in maharashtra. My name is Dinesh

My Grandfather name - Ramesh & Grandmother name - Tara

My Grandfather had 1 son - Soham & 2 Daughters Ravi & Sita

 

In 1964 the Ravi was married. Since in 1968 my grandfather had 48 Acre land by tenancy Act. He is Secure tenant by Government. In 1981 the Ramesh was sold 8 Acre land to Rahul. In 1982 Soham was married with Nisha. They were have 3 Sons namely 1) Arjun 2) Shiva 3) Pratik i.e me. In 1984 Ramesh made a pher phar in the name of Tara (his wife) to the extent of 10 Acre, in the name of Soham (his son) to the extent of 10 Acre & in the name of Ravi (his daughter) to the extent of 7 Acre. He will not made any pher phare in the name of his second daughter Sita. He not made in partition deed. He made pher phar only for taking benefit of government schemes. Ramesh has brought 1 house by his income. In 1986 Soham purchased the land of 7 Acre & 1 house by his own income. He work in Sugar Factory as accountant. He give the 1/2 of this 7 Acre land to his wife Nisha's name & 1/2 share on his own name. In 1991 the Soham was died. His 1/2 share in 7 Acre & his 5 Acre share in which made by his father in pher phare transfer to Soham's 3 son's name equally. Soham's wife work in sugar factory. He will be the only earner of his family from 1991. After that the 2nd daughter of Ramesh namely Sita was married. Her marriage expenses will be paid by Soham's wife Nisha. In 2001 Ramesh sold 8 Acre land to his 1st daughter's husband. He will not ask to anybody about selling of this land & he will not bring any rupees from this sale deed. In 2006 Ramesh was died. His share was transfer to his wife Tara's name without considering her heirs. But in pher phar he make a statment that after his death her son Soham's 3 Children's are her heirs. But Tara want to sell the land. Then Tara's son's wife Nisha appeal in court for partition. Then Taras & her daughters make a counter claim on Soham's self acquired property. In 2007 Tara make a will deed that his land property will be in the name of her daughter after her death. She not included the house. In 2011 Tara was died & her daughter filed a will deed in Tahasil for bring her names on 7/12 extract & revenue records. But Soham's wife withdrawl her suit about partition. She appeal in Tahasil for not bring the names of Ravi & Sita on revenue records. 

 

My Question is

1) How many shares get everyone in this suit. By which law?

2) Can I appeal for cancelling the will deed?

3) Can I get the land of Ravi's husband in suit ?

4) Will Deed Is possible tenancy land?      



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