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Author Topic: family partition suit  (Read 593 times)

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Offline sailor2112

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family partition suit
« on: August 19, 2015, 11:58:11 PM »
Dear sir,

My father died in 2009 and we 6 children to  him with our mother and i am the elder son. My self constructed houses in the land came from ancestors when my father is alive in the view we brothers will be together and this construction happened in the year 2000 and never thought of division but after  my father died my brothers turned against me asking me to take very small share and i refused so they went to court in sep 2014 and 2 brothers appointed 2 lawyers against each other asking for there share, In these 2 , one person purchased one more share from other  and informed the court .

I purchased 2 share from my mother and one brother and totally having 3  shares out of 7 and i doesn't appointed any lawyer up to now.

1. is that possible to claim that these construction are made by me ( i don't have document proof )
2. i want get out of these disturbance ASAP so, please let me how to complete this case quickly.
3. The property is mostly indivisible into 7 equal parts so what type decision will the court give.
4. How much time it will take to complete this case

Please give ur suggestions and advises.

Thanks & Regards,
Ravi kumar.

Offline advmisthi

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Re: family partition suit
« Reply #1 on: August 20, 2015, 12:53:38 AM »
your case will endlessly drag on, tell your brothers instead of wasting time in court, let us solve the issue amicably.

court will give dates after dates, and ask the parties to take it to mediation.

judgment from court don't come very easily.
Adv.Misthi Mukherjee
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Offline adv.amarnath

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Re: family partition suit
« Reply #2 on: August 22, 2015, 02:50:17 AM »
You cannot claim that property had been constructed by you due to lack of evidence.

You can do one thing to save the property by purchasing your brothers share as they will be denied to transfer the same in your favour vide Deed of Gift.

If the property cannot be partition then on that event the court may ask to you to purchase the others share or have to place the beloved house for auction. From there you can purchase the same.

The matter will be very pro-longed cannot be measured by years or days. May be it takes 10 years.

Amarnath Sanyal
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