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sampraka   13 January 2016

Partition suit

Mr. A (Hindu) is owner of huge property, aquired by him at city and village and ansestoral property at village, has five son 1,2,3,4 & 5 and no daughter, Mr. A dies suddenly with his wife in 2003.No will is done, his son 3,4&5 posses all the property as son 1 & 2 moved out for job during Mr. A's lifetime and made good living, but remained part of joint family. Now son 3,4&5 are not ready to share any part of property..and secerately selling portion of land at village.

  • Can son 2 file partition suit?
  • or he is entitled to file a suit any time in future?
  • what will happen to portion son 3,4&5 have already sold?
  • what would be court fee if son 2 files partition suit? on whole property valuation amount?
  • or on his share i:e 1/5th share.?

Rgds'

sampraka



Learning

 2 Replies

Kumar Doab (FIN)     13 January 2016

All sons are eligible to get equal share.

The son2 can file for partition, if amicable family settlement is not possible.

He may appeal to get interim injunction as well.

He may seek to get share from that has already been sold/reduce the share of others by equal proportion.

 

YOur able counsel can inform you about fee.

 

 

1 Like

adv.raghavan (Advocate,9444674980)     17 January 2016

Aggrieved person can file suit for parition and any sale effected prior to that parition to be declared null and void and profit earning property suit for mesne profit. 


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