About partition
mahesh
(Querist) 04 December 2013
This query is : Resolved
my father purchased an open plot of 323 sq yards in our home town and constructed a house in it by taking permission in concerned municipality. we are paying house tax since from 35 years to that house. totally we are 4 children to our father 3 male and one female female is the last i am the elder son. the registration is in the name of my father in register office. my father expired 8 years back.as that property is my fathers self acquired property all of us i.e: 4 children and our mother totally 5 members will become legal heirs for the above said house property.now my point is my two younger brothers are not willing to give share for my younger sister and for my mother but i want to give their share to them and my mother also want to give share to her daughter. as my brothers are not cooperating for the partition by mutual concern, what should i do to give the share to my sister and mother.whether i should file a case against my brothers if so in which court i should file a case. the present value of that property according to government rate is approximately 35 lakhs.Is it possible for me to file a case in high court of ap.give me right suggestion.
malipeddi jaggarao
(Expert) 05 December 2013
It is not that either you want or your brother does not want, you can take away the right of legal heirs to the property of the deceased father. You are right that your mother and sister also have their right in the property. Your brother might not be knowing the legal provisions. If you only wish to file a suit, file partition suit in the concerned Civil Court under which the jurisdiction falls. HC will not entertain the filing of partition suit directly. Your mother and daughter also can join with you in the suit. Appraise your brother that it is their right, and nobody can deny it and try to settle amicably.
Rajendra K Goyal
(Expert) 05 December 2013
Your mother and your sister are legal heirs and legally entitled for equal share in the property. They can not be deprived of the same till they them self relinquish their right in the property.
T. Kalaiselvan, Advocate
(Expert) 05 December 2013
There are many ways to settle the property dispute/issue amicably, one is by sitting and talking about the matter which may include the discussions about the litigation disadvantages namely time involved, cost and wastage of energy etc. If the talk fails, a partition suit before a District court will be the only solution, you may add your mother, sisters as parties from your side and your brothers on the other side. You all should remember that the females in your house are equal owners of the property in respect of their shares out of it in the capacity of legal heirs to your father, so let them not be treated as beggars.
Raj Kumar Makkad
(Expert) 05 December 2013
I do agree with the experts so no more to add.
