Partition of property
milind phope
(Querist) 18 July 2012
This query is : Resolved
Both the WILLs of my mom and dad were in possession of my sister in which the whole self earned property is given to my sister.I am the only brother and no other brother or sister.
These WILLs were submmitted by my sister to Talathi ( Mahrashtra).With valid doubts,I submmitted my objection.The hearing was called by MANDAL ADHIKARI IN HIS COURT.
After scrutiny of the statements and documents submmited,three hissas were made and endorsed in judgement given by MANDAL ADHIKARI.2 hissas were given to my sister and one hissa came into my possession.After appeal-term of 60 days,Tahasil office has also endorsed the same.But Our society needs court-order for the judgement or mutual understanding between me and my sister.Sister is not ready for either for these 2 options.
Now I want this seperation to be endorsed by Civil Court, because I want to sell my Hissa and go away.
my query is .Can I alone file a separation suit of this property ? (because my sister is not ready.She want this situation to be stay as it is,so that I can not sell my Hissa.).What should I do ?
Devajyoti Barman
(Expert) 18 July 2012
Either execute an amicable deed of partition or get a partition decree on compromise from the court.
The first option could be made ready in no time.
J K Agrawal
(Expert) 19 July 2012
First of All in Bombay no will is valid unless probate of will is taken by competent Court. So on first site the orders are without authority. You may Challenge the orders by consulting a good civil lawyer at Mumbai.
Secondly if you want separation and want to sell your hissa you alone can file a suit for this and no consent of your sister is necessary.
www.bar2bench.com
ashutosh mishra
(Expert) 19 July 2012
Yes! In all three presidencies a Will can not be accepted unless probated.
You can file the suit for partition against your sisteres.You should also file a suit of cancellation of those wills if 3 years have not passed from date you have knowledge about the existence of those wills.
Contact a good Civil lawyer.
milind phope
(Querist) 20 July 2012
But what I understand by the newspaper news about the judgement by Mumbai high court that the "Probate court only decides the genuine-ness,and validity of the will and does not enter into question of the title or confer of the title".
So what should be my action ? to wait for "The Probate" or to file the partition suit straight-away.?.........because to wait for Probate will prolong my purpose for indefinate period.
I would certainly hire a good and Competant Civil Lawyer but before that I want to be clear in my mind.PLEASE HELP.
ashutosh mishra
(Expert) 20 July 2012
You should file your suit of partition without any wait.
