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partition deed forcing by uncle to his brother's children


Dear sir,

A Hindu Joint family grand father has two sons and two daughters. Grandfather and first son expired. First son has children. Second son doesn't have children. But infulenced by her wife side relatices and asked for his share by providing partition deed to his father. But knowing his character, his father didn't want to make it. and left without any will, expired. Now other daughters along with him, wants to seperate their parts and forcing, threandening his brother's children. Now, how can protect to desolve the property? The intension is only to avoid selling the shares, But not to enjoy the shares. and First son's children are not enough mature to handle the share individually. because,one grandson single (divorced) and one granson expired, left his kids and widow. one grandson is ok to handle. Here, Respondent (first son's children) can ask for remain Hindu undivided family to highlighting the unmaturity of co owners and uncle is influced by his wife's family. The said uncle captured all original documents and things from his father. The intension to protect property destrotion - Please advise

 
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Lawyer at Supreme Court of India

Sir, 

 

Please call to discuss, query not understood. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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Email at: sssfi2016@gmail.com - for Practical Solutions to 498a Dowry issues Divorce Property Departmental Inquiry NPA Dishonoured Cheques Corporate Laws etc.

Your descripttttion is somewhat vague, as you have made a mix-up the issues of grandfather's own children and one son's family, while you have not made any mention of grandmother, whether alive or dead. Better give separate descripttion of the families of the Grandfather, his sons & daughters, specifically making a mention whether the grandmother is still alive or dead. Also, approximate date of death of the grandfather.

 
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FIN

Which person law applies to deceased grandfather?

The property is self acquired or ancestral or HUF?

The property is in which state?

The proeprty is rural/urban/agricultiral?

 

Believing that the deceased grandftaher is Hindu and property is self acquired;

 

It shall devolve equally upon his ClassI legla heirs: i.e. wife and sons and daughters.

If any son is dead his share shall equally devolve upon his ClassI legal heirs.


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Sorry Forum, I am simplifing the query.

After grand father dead ( 2014 ), uncle is forcing and threatening his own brother's (deceased brother before father's death)  chidren for partition deed. Actually children are not ready for partition. He is doing only because of his wife's pressure.

And he capatured all original documents of properties and grandfather's belongs.

1. How can stop the partition and how can deal that uncle's pushing for partition.

2. Is it possible without knowledge of grand children ( son already deceased) partition deed can made?

 
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FIN

You have not replied to a single point, pointwise.

If grandfather was owner then after hisn intestate death, anyone from successors can seek partition. Others can not force or stop.

If others are not knwoledgable as posted by you, they can seek expert guidance from a very able counsel specializing in family/property/revenue/civil...................matters.

 

Your counsel can help to obtain all property related docuemnts.

 

 
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Hi Kumar sir,

Please find the answers.

1. Hindu law

2. self property be grand father

3. Tamilnadu

4.Agri land

 
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FIN

Respone : Believing that the deceased grandftaher is Hindu and property is self acquired, has already been posted.

Succession opens on date of death.

Agriculture is a state subject.

You may approach a very able counsel specializing in family/property/revenue/civil...................matters, and well versed with local laws.

 

 

 


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Email at: sssfi2016@gmail.com - for Practical Solutions to 498a Dowry issues Divorce Property Departmental Inquiry NPA Dishonoured Cheques Corporate Laws etc.

Dear Murali Krishna,

 

If the uncle is an eligible legal heir for the part of the property he can legally ask for partition of the property. The children of the deceased has no right to hinder the legally prescribed process for that.

 

Even otherwise, Shri Kumar Doab has already advised you appropriately.

 

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

 
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