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Shiv Kumar Das (Lawyer)     27 April 2011

making partition suit

I am frm ORISSA. My father has 3 more brothers & 4 sisters. My father wants to partition our ancestral home legally. Besides the 4 brothers none is going to claim for it. It will be divided among 4 brothers only. 15 years ago they partitioned themselves equally without paperwork amicably. Some years ago one of my uncles constructed on his share plus captured some of our share also when we were out of this place. Is it possible to get our share back legally? Can my father alone file partition suit. How long will it take? Can we make my uncle destruct the building made on our share?


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 4 Replies

AAK (Advocate)     27 April 2011

Yes he alone can file suit for partition. Admittedly partition suits if contested will take some time to decide. There are many aspect to be seen before filing the suit which cannot be explained here. You better consult local lawyer.

Shiv Kumar Das (Lawyer)     27 April 2011

Thanks Ajit for ur reply

Shiv Kumar Das (Lawyer)     29 April 2011

Can anyone suggest any other method for this.

RISHAV DEB CHATTERJEE (INSURANCE EXECUTIVE)     27 May 2011

Sir,

              I have a query .I am from West-Bengal suffering from a problem for some days.We have a Flat of near about 1000sq.ft with 3 rooms in it which is not partitioned by my father.My father died in dec'2008.The possession letter of this flat is only by my fathers name.In this situation my elder sister & her husband lock a room without any permission & my mother also support this.My mother also says that it is her right to lock the room .My sister also create pressure on me that if I cant give her share money of this flat she will not open that room.

               S., Sir, I have a query that is it possible to lock a room without any partition suit in this flat & without any permission or discussion with me. What is the legal procedure to encounter this type of situation? I would be highly obliged if you please give me the details of legal procedure in this matter that what will I can step against it.My wife is also very much mental tortured by this matter.

 

                  So please give me details about this matter.

                                                                                                                                     Thanking you,

                                                                                                                            Rishav Deb Chatterjee

 

          


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