Course of action in case of partition suit filed by opposition party
KUMAR
(Querist) 10 February 2016
This query is : Resolved
Sir,
i had gone through your several posts and i m very much impressed with your logics and way of answering.This is the reason why i m sending you this mail in my hours of crisis.My Grandfather was serving as a teacher and
he had four children, two sons and two daughters. My father is elder amongst all sibling.since my Grandfather was working as a teacher , so he use to come home town occasionally.In the absence of my Grand father ,my
father was performing the role of guardian(KARTA OF A HINDU FAMILY).My father had performed all his duties and responsibilities with honesty.He never used any means to get personal property.As a KARTA of a Hindu
family he had done the rituals of my Grandfather and Grandmother, done the marriage of both his sisters and brother(my uncle),built a house on ancestral land and supported whole family by all means(my mother was
a teacher and she had paid for all those things).Even my father helped my uncle financially when he was studying(now he is a professor in a college).My father sold some pieces of land at the same time he purchased
some pieces of land also, when my Grandfather was alive(he done all these things with the permission of my Grandfather only and all purchased land is registered in the name of my Grandfather only). Now the situation
has changed and my uncle has filed a partition suit in the court of SDM and made his both sisters shareholder in the ancestral land(Although sisters are not in the favour of taking any share as they are satisfied with what they
got during marriage and they are in the favour of my father,they can give it in written also).
NOW MY QUESTIONS ARE:-
(1)My father has not received the partition suit notice filed by my uncle because he was not available that time(although my father has a copy of that).what happen when he will not receive notice again and again??how he can
avoid to receive the notice???
(2)My Grandfather`s Grandfather had 120 acres of land and he had two sons (one my Grandfather`s Father and one more).60-60 acres of land were divided between my Grandfather`s father and his brother.my Grandfather was
two brothers and each of one got 30-30 acres of land.but all the partition was done verbally and not by any court also there was no written agreement made.Till now even mutation was not done and all the lands are in
the name of my Grandfather`s Grandfather only.In this situation how partition will take place??will it start from my Grandfather`s Grandfather???
(3)My uncle wants to get 1/4th share in the land which my father had sold when my Grandfather was alive(with my Grandfather`s permission only and sold land value was used to purchase other land).
Is it possible that my uncle will get share in that sold land???
(4)My father`s both sisters are not interested to get any share in any land.They are willing to give it in written also.but my uncle had made both of his sisters share holder without their knowledge.in fact by doing this
he wants to pressurise us.How my father should go ahead in this case???
(5)What remedial actions should be taken by my father in this situation??From where to start and to whom he should approach??
(6)We want to settle this matter first through talk and then by court.but my uncle is very egoist, he does not want to talk.he wants to pressurise us by partition suit filed by him.how the process of partition can be delayed
(so that,He can come to know the practical thing)s???how much time we should take to respond his notice???
(7)My uncle had occupied the house built by my father on ancestral land also and not willing to give our share(land is registered in the name of my Grandfather`s Grandfather only).what course of action should be taken
in this situation??
Thanking you and waiting for your precious reply.
Devajyoti Barman
(Expert) 11 February 2016
1. Do not avoid notice. Appear in the suit to contest or admit it
2.Oral partition is very much valid unless it is contested by other parties.
3.he s unlikely to get back the sold land.
4.The sisters should appear in the suit and state their waiver of share on the suit property.
5.Appear in the suit and contest it filing his reply as per its merit.
6.Negotiate through counsels. The matter may be settled through mediation cell of court as well.
7.Get this plea in the reply of your father.
Meet a civil lawyer and discuss on this line.
Rajendra K Goyal
(Expert) 11 February 2016
Consult senior lawyer and discuss in detail.
Try to convenience the sisters to relinquish their share in favor of your father if possible.
Agree with the expert.
