Partition Suit
Vikram Kumar
(Querist) 19 January 2011
This query is : Resolved
Dear Sir/Madam,
I hereby request you to help me out in my case. This case (Partition Suit) has been filed by my uncle against my mother, my two younger brothers, and me. He has sent a notice of the partition suit, which states that he wants one-third partition of my every property (Five properties, 1. Market comprising of 7 shops, 2. Double storied residential house, 3. One storey market comprising of 3 shops, 4. A house with two rooms and a bathroom (this is occupied by my father’s sister). 5. Vacant land of 2400 sqft) which was bought by my father and there is nothing like ancestral property. Market of 7 shops and Double storied residential house in which we are living are on the name of my mother and we are paying all the taxes and electricity bills. The rest three are on my father’s name. My uncle was given two rooms in the market comprising of 7 shops and he is running a motor garage which also was opened by my father and given to uncle to earn for his living and flourish himself. But now result is that he is asking for share in the market saying that he used to give his earnings to his elder brother, i.e., my father as he was the eldest and kartadharta of the family. Whereas he owned his property with his earnings but sold some of them and one currently which I know is a land of 4000 sqft and is under title suit. Now that he could not save his property, he has taken this step to put me into problem. In past (2002), he had attacked on us at our house with his sons, sister, and younger brother that we had to call 100 for protection. On arrival of police, he was caught whereas his younger brother fled away. That time, he started crying and apologized for the mischievous deed to my father in front of the police, so we did not lodged any case against him. In recent days (14, December 2010), his son called me on my cell and started abusing me and threatened not to take rent from the market. Again, I sought the help of police then his younger brother started crying and apologizing and said he was drunk and will not do it again. So, we left this time also and in the meantime, i.e., on December 22, 2010 he filed a notice against me. The thing is that he knows of my father property and hence has mentioned each one in the notice. My father died in 2005, and I am the eldest son and my two younger brothers are still studying. I have consulted an advocate as I have received the notice sent by him and will be appearing on the date. My legal advisor is saying that he will appeal to make this case as non-maintainable and side by side will file an eviction suit to vacate my two shops acquired by my uncle. I want you to let me know whether this step will be successful and how much time is consumed in this process. I am the only earning member of my family and I have too many liabilities hence I am a bit afraid of indulging myself in this case but I have no option as I have to appear and reply to the notice. So, please let me know the reasonable ground to get free from this case as soon as possible, which I shall convey to my advocate. Genealogical table is as below,
My late grand grandfather had Four Sons
My grandfather had Three Sons and Three Daughters who died in 1992 and my grandmother died in 2006
Elder son (My father)
Second son (My uncle)
Youngest son (My uncle)
My father died at 56) leaving behind Three Sons and Three Daughters [Elder daughter (36, Married) Elder son (28, unmarried), Second daughter (26, married), third daughter (23, unmarried), second son (21, unmarried), and third son (20, unmarried)]
My second uncle (54 years)-------- Four Sons and Three Daughters [Elder daughter (34, married), Elder son died in 2002 at age of 23), Second daughter died in 2010 at age of 25), second son (23, unmarried), third son (21, unmarried), third daughter (20, married), and fourth son (18, unmarried).
Youngest uncle (40 years)-------- One son and one daughter both under 18.
Guest
(Expert) 26 May 2011
you have to reply and file a detailed written statement and contest the same
R.Ramachandran
(Expert) 26 May 2011
Yes. You have no other go but to contest the suit by filing appropriate and detailed written statement.
