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Siddhi   05 November 2023

Partion Suit Cum Compensation Claim!

I m having 20% share in the immovable & movable assets of late father. It's a admitted fact by other legal heirs.

But due to enmity & greed I m harassed mentally and financially by others to deny the share by creating hurdles to knock down huge amount from my share in the assets.

I m now contemplating filing of Partion suit cum Compensation Claim Suit against them.

Is it possible legally to file such combined suit in Bombay High Court?


Learning

 4 Replies

Dr. J C Vashista (Advocate )     05 November 2023

It will have to filed before jurisdictional court with relevant documents through a local prudent lawyer.

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     06 November 2023

A suit can be filed wrt property, whereas wrt harassement you can lodge a police complaint.

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

You can file a suit for partition claiming your share in it with separate possession.

If you want to lodge a complaint against them for harassing or creating nuisance to you then you may have to approach police and cannot file a compensation case anywhere. It is an offence which you are reporting

Rahul Pujari (Advocate - Bombay High Court)     05 December 2023

Both of the suits can be filed in court ,  did your late father leave a will ? if there is no will then  by law  the property has to be rightly and leaglly divided among heirs,  hence you can file the parition suit 

I am assuming that the division and disbursment of property among heirs is being prevented hence you need to approach the court for appropriate legal remedy

For harresment as is rightly suggested above by learned advocates, you should file police complaint in your local policate station

The hurdles that are being created , by itimidation or other methods if able to be proven by evidence , can be part of your evidence in your proceddings 

It would be advisble to take advice from someone who practises regularly in mumbai high court or in the city of mumbai and move forward on a urgent bases and get a stay (if possible ) to prevent third party rights in being created.


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