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Sarita gupta (saritagupta2711@yahoo.com)     13 March 2011

Partiton

Hi ,

  My father died in an accident 12 years back leaving behind vast properties.we were a family of 5 daughters and one son and a step mother who was my father's second wife and has one daughter .the other 4 daughters and one son are children of the first wife .There was a family partition in 1999 about 5 months after my father's death . only 2 of the daughter's and the son were married.All the properties which my father had bought were in the names of different family members.My step mpther kept all the properties that were in her name and my  3rd sister 2 properties in her name .All the rest of the properties were divided among the last 3 daughters as they were not married.Myself and my second sister were promised a sum of 15 laks ans 5 laks respectively and they gave us a notarised agreement of the same . all other properties were registered but our document was never registered. neither I nor my second sister have recd any money till date whereas all others are enjoying properties more tha 7 crores each.In 2002 we filed a partition suit to revoke the partition and the same is going on till now .In the maenwhile they are now selling one property after the other.

My questions are -

1.If my father had earned all the money will all the properties be partitioned no matter in whose name it is as ours was a Hindu Joint Family ?

2.Can our Partition be revoked?

3 .Can we take a stay on the remaining properties not to be sold ?

4 .Any suggestions on an authority lawyer on fighting partition cases.?



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 March 2011

You can file a another partition suit stating that the partition deed made in the 1999 is not correct and thee is no division by metes and bounds.

Sarita gupta (saritagupta2711@yahoo.com)     13 March 2011

We have filed but since all their deeds are registered we are not able to reach anywhere in the case.Now my step mother has sold off one of the properties ..Is it possible for us to get a stay on that property and what are the documents I should collect to make my case stronger?

daman preet singh (advocate)     13 March 2011

file the suit for permanent injunction for property in question, challenge the partion deed in court as it is forged.

Harsh (Advocate)     13 March 2011

Hi Sarita,

 

You can contact me as a lawyer on partition suit cases. You can file a injunction suit on the property in question.

You can further contact me on harshmparekh@gmail.com

 

Regards,

 

Harsh Parekh

Advocate

9971780620 (M)


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