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Author Topic: partition suit case - is this possbile-  (Read 571 times)

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Offline sudha raghav

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partition suit case - is this possbile-
« on: January 13, 2018, 10:59:53 PM »
hi
pleas advise on the below -

we are 3 brothers, got some ancestral property in our village which in now a town in AP.
2 of us living separately  due to work and the middle brother was living in the property along with my parents with his family.he is jobless. so cannot move out.  my father passed out in 90s and mother passed away recently.

we recently found that the middle brother has got all the property mutated to his name without any due process or consent. and claims he is n long possession and so only have sole rights. can i go with a partition suit in this case.?
one challenge i have is i dont have any prop records and it is hard to get any from the local office as records are either not in order or missing,

will i have a good standing if i purse with a partition suit case in this?


Offline advcaroltripathi

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Re: partition suit case - is this possbile-
« Reply #1 on: January 15, 2018, 08:00:55 AM »
You can fight it out, without legal Heir certificate these days mutation is not possible, how your brother did is something we all need to know, there as been corruption in some level expose it.
Adv Carol Tripathi
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Offline advjaibansal

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Re: partition suit case - is this possbile-
« Reply #2 on: January 17, 2018, 06:35:54 AM »
Dear Sir,

Please file objection to the mutation only his name before the mutation authority. At the same time, even if you don't have the property documents, you may file a suit for partition before the civil court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: partition suit case - is this possbile-
« Reply #3 on: January 18, 2018, 05:13:35 AM »
Dear Sir,

Suit for partition holds good and immediately get stay order the revenue order standing in the name of your brother.

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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