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madhav (tech director)     07 June 2011

partition

My grand father given the propery to his two daughters as equal right by registered gift deed. After his death out of four propertys two were seperated by oral partition as equal parts which are Agricultural lands. Remaining two of residential properties, one was taken by mother ext.4000 sq.yards which is far to village and another one was taken by my aunt ext.1500 sq.yards ( centre of the village).All these partitions made by Oral only. We constructed a house in that land 30 years back and staying there. 15 years back some excess land sold to othrs by my mother and they also constucted houses and staying. On the  sale deeds signed by mother only. After my aunts death 20 years back her chidren sold the agr.lands. they only signed on that also. We have title deeds and continueing in revenue records ( Adangals). Now my cousins filed a suit for equal partition in the two Res. lands. Kindly suggest me how do protect my mother rights in this issue. what is the validity for the oral partitions.thanks
 



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 June 2011

If the properties given to two daughters are ancestral properties and other properties also ancestral one then you can claim your share in your father's share. If two houses are self acquired properties of your grand father you cannot claim your share.

Ravikant Soni (LAWYER IN JAIPUR)     07 June 2011

Once partition has taken place no one has right to challange it. You have to prove the oral partition between cosharers has taken place. Its easy for you. file relavant sale deeds definatly your aunt described in that document abt partition.

More opinion could be given after perusal of documents.

Ravikant Soni (LAWYER IN JAIPUR)     07 June 2011

*by filing docs by which our cousins sold property/

madhav (tech director)     08 June 2011

Thanks for your reply. In this issue my cousins sold only two properties. but now they are claiming equal partition for unsold two properties. At the time of Oral partition 20 yrs back my mother got one complete land and my cousins got another complete land.but the extent is different. At the time of partition land value differences are there so that we got more extent. from 20 years they were not claimed. now they r claiming.Now their land was vacant and my property completely constructed buildings. kindly give the best suggestion.

Antony (aa)     24 June 2011

My father died last year , we are 4 children in total. 2 girls and 2 boys. The entire property, bank accounts, fixed deposits everything has been divided between the two sons, without giving even 1 rupee to the daughters. The executor and beneficiary is eldest son, whose wife and brother has witnessed and registered the will. This son and his wife had always stayed with my sickly father and the second son is overseas. Now we daughters want to dispute the case. We have no access to any of the property information or bank accounts as it is in control of the executar and his wife. The will was read to us by the first son's lawyer. She gave us 4 pages of the will. THe will states that the property is equally divided between the sons. There was no recitals or property descripttion or boundary details given to us. Now we daughters want to dispute the will. How can we get the patta or EC without absolutely any property details? 

How can we lawfully get the property details and bank details from the sons to file a case? We are not able to even file a case because we do not have any information about these properties.

Is there any lawyer in Chennai who can help us get these property details?

Urgent help required.

Rgds,

AJ

Antony (aa)     25 June 2011

We did not receive any reply from the lawyers club, does that mean that we cannot dispute this will at all?

Can some lawyers please enlighten us with some comments for the above as in our humble opinion this is a clear case of "women's discrimination to the worst extent" by our own family-father and brothers?

Is there any way the law can help us in the above case?

Veru urgent help required.


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