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Author Topic: Partition Suit and its procedure  (Read 754 times)

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Offline Vivek V

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Partition Suit and its procedure
« on: January 20, 2016, 05:01:23 AM »
Dear Advocates,

I am requesting you all to clarify below query and this is Vivek belongs from Tiruvannamalai District, Tamilnadu, India.

My Grandfather was given birth to A, B, C, D Daughters & E and F Sons, then he died on 28th Sep 1974 and his wife died on 11th Dec 1993.
After demise of my grandfather & grandmother both E & F sons are equally enjoying ancestral property without doing partition among their family.
As a son of F will I eligible to put partition suit when my father is alive or am I eligible to claim my share against of E and F Sons thru legal way?
I heard information from others that when absolute owner (Father) is alive you canít put partition suit is it true?
If so then what rights I am having in the ancestral property as a grandson?

Thanks in advance
Vivek V

Offline adv.amarnath

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Re: Partition Suit and its procedure
« Reply #1 on: January 21, 2016, 10:58:57 AM »
You do not have any right to file Partition suit
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Vivek V

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Re: Partition Suit and its procedure
« Reply #2 on: January 22, 2016, 04:15:11 AM »

Please advise me then what rights i have to claim my share from ancestral property?

Is there any alternative way?

Offline adv.amarnath

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Re: Partition Suit and its procedure
« Reply #3 on: January 22, 2016, 10:10:50 AM »
I told you that you do not have any right to claim for partition in respect of your anestral property when your father is alive then how could you ask a question of "What rights you have...." Ask your father to file Partition suit. Only he has rights
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline ksmani

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Re: Partition Suit and its procedure
« Reply #4 on: April 01, 2016, 06:14:15 PM »

Dear Sir,

I am requesting you all to clarify below query.

We are three brothers & one sister.We are all married & settled.

Our parents no more at present. So , we want to get our shares from our Ancestral Property

Past few years, I am in overseas. Now I am going to settle in our native place.But Our brothers refused to give my share. Due to Ancestral Property, I do not have any documents.

No more will for this property.
How to get my share & what is procedure. Pls advice me

Thank you
Manickam

Offline adv.amarnath

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Re: Partition Suit and its procedure
« Reply #5 on: April 01, 2016, 06:19:50 PM »
First I must know when your parents died and from which state you belong? After that I can only able to tell you whether you will get or not? I must know from which Hindu School you belong from - Dayabhagga or Mitaskhara
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline ksmani

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Re: Partition Suit and its procedure
« Reply #6 on: April 01, 2016, 06:27:41 PM »
Mr Amarnath

My father died 10 years back. My mother died Sep 2014.

We are "Hindu" from Tamil Nadu

Thanks
Manickam

Offline adv.amarnath

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Re: Partition Suit and its procedure
« Reply #7 on: April 01, 2016, 06:29:19 PM »
Property is on whose name, father or mother?
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline ksmani

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Re: Partition Suit and its procedure
« Reply #8 on: April 01, 2016, 07:12:00 PM »
All Property under my Grandfather's name.
Never transfer to my parents.

 

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