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Saurabh Gupta (service)     26 April 2008

Regarding property suit...please reply

My father and his brother are to have a partition of property due to recent death of my grandfather. As my grandfather has not written any will ..I suppose it has to be divided among the two equally. They have a land property and some movables too...
The problem is that my father' s brother is not ready for partition in an mutually amicable way as he does not understand law..Can we have a partition done by filing some law suit even if he does not want to divide it right now? Another question is that how are the movables divided in a partition. Also please tell me that how and where I can approach for the legal proceedings?

Thanks and regards
Saurabh Gupta


Learning

 8 Replies

g.sudarsan (n/a)     26 April 2008

You can institute suit for partition and the forum depends on "value of property".

Prakash Yedhula (Lawyer)     26 April 2008

First you issue a legal notice to your paternal uncle seeking for partition by metes and bounds and share in the movable properties. If your paternal uncle does not oblige to the notice, you (your father) need to file a suit for partition. The movables can be valued and half the share can be sought for. The suit needs to be filed within the court in whose jurisdiction the property is situate.

Ajay kumar singh (Advocate)     26 April 2008

Your father can certainly file a suit for partition. Obviously the value of properties would be more than Rs.30000. So, the suit will be filed in the court of the subordinate judge within whose jurisdiction the properties are situated. The court will declare the share of your father in a preliminary decree and your father and uncle will be given a fixed time to separate their shares in the movable and immovable properties made subject-matter of the suit. If they fail to do so,the court will appoint a commissioner who will make partition in view of the court's judgment

Kiran Kumar (Lawyer)     27 April 2008

Suit for partition is the best remedy as suggested above, since ur grand father died intestate succession will also follow in case of ancestral property. do consult a local lawyer in detail.......and humble adivce is dont enter into any criminal proceedings just for sake of property, remain cool even if the court proceedings have to be initiated.

gagandeepsingh.bagga (Practising Lawyer )     27 April 2008

the first question which comes out who is having the possesion and who is having the papers of the property ..........u can go suit for partation u can also include all the movables also in that.

ATUL BANDHU (SOILICITORS & ADVOCATES)     27 April 2008

Saurabh! your father can file a suit fro partition of the property. As per Hindu Succession Act the proprty has to be divided among the heirs of class I viz. son, daughter, mother, widow......you can speak to me over


Guest (n/a)     18 May 2008

Thanks all of you for replying! It woiuld certainly help me a lot

d.venkateswarulu (lawyers)     23 December 2008

property suit can be filed within the jurisdiction of the court where the property situates. If there are other properties situated in different places, it can also included. The value of the property decides jurisdiction. It must been seen whether the property is a self acquired or ancestral. Possession of he property decides the stamp duty. Must see whether there is any adverse possession. Must see whether there is any delay in filing the suit. must see whether any waiver or estoppel. to file property suit better consult a lawyer.


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