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gaurav (student)     01 July 2009

please advise

hello there,

dear friends i am stuck in a fix please help grandfather has five sons my father being the eldest. all are engaged in different businesses we have a joint family no formal or informal partition has been done....everymale member (my grandfather, father, uncles) have HUF formed  and file IT returns for HUF as well as individual. the family properties are owned jointly as well as individualy by different of my uncles who does business from a shop owned by my grandfatherhas aanother shop on his name individually he says this shop is on his individual name n this will not be included in family partition everyone else is against this he is threateneing my grandfather against writing a will.......what should me or my father do please advice


 4 Replies

gaurav (student)     01 July 2009

the properties have been puchased from time to time by family money based on availability of capital on a members books of account.......other members  have properties individually too but agree that all properties are joint family properties regardless of name ...........what should we do? whats the maximum ad valorem court fee for partition suit?

sunaina (Lawyer)     01 July 2009

Hi Gaurav,

If your uncle has purchased the property in his name out of joint family funds then it will be considered as joint family property and it will be subject matter of partition also. If your uncle claims it to be self acquired property then he will have to prove the same. If the tax for such property (one in uncle name) is paid along with HUF property then it will be difficult to prove him unless he has some other substantail reason to prove such property as his self acquired property.     


DIWAKAR elangaovan (fresher)     01 July 2009

Dear Sir,

I am a LLB student,for the Past 4 month back , one of our property ( home)made sale agreement deed between with the buyer elder brother and  we recevied the amount of 10 Laksh ,Total agreement deed value is 25 Lakhs  after end of the 4th month younger brother came from abroad and reduce the cost of our land  value for 18 lakhs and they threating me & mother for sigining the document. Please advice what we do?




sunaina (Lawyer)     01 July 2009

Hi Diwakar,

The facts givin by you are insufficient. The terms and conditions of the agreement also matters in the present case. I hope the possession of the property not given on partial payment. If you have not given the possession of the property then you need not heed for their threat and sign document unless full sale consideration is paid as agreed in the sale agreement. Later, on payment of full sale consideration Sale Deed will have to be excuted and registered then only the purchaser will have the good title to the Property.  

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