Upgrad LLM

partitioned property on suit after 18 years - help

Dear members,

A father writes a gift deed to two of his sons in which its mentioned that 1 acre of land is common to both of them and they have equal rights on using that. This was written in the year 1995 and the father died in a few years.


Both of them were together and utilizing the property as a common one without making any partition legally but by some building dividends. One of the them died and the other son claims the brothers property without leaving it to his legal heirs (a wife and a child of about 15 yrs old)


He claims his brothers undivided property and restricts the died brothers legal heirs on the place. He could not be stopped by a stay order as he uses it for industrial purposes.
 He also makes his mother (who is one of the legal heir of the died son), to file a case against the legal heirs to give her 1 part of the sons total share.

This case ran out for a few months without moving to questionairre, and the mother of the died son also died.


Now, the case has moved to trial court, what should i suggest the died sons legal heirs to proceed with? How do they get their property partitioned equally for them?


What documents are needed for them to proceed with?




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