Partition question
Biswas
(Querist) 02 February 2015
This query is : Resolved
Sir/Madam,
We are four brothers and partitioned the family property in 1992 among 4 brothers and mother(father not alive). it was unregistered. Currently, there is a civil case running. One of my brother filed that case for partition claiming that the property was never partitioned. All the members are under possession of property as per earlier partition
So,recently,our mother passed away. She had her portion of the property. since court is running and the property she possessed, is under question. Who can legally possess that property?what is the legal action?
Thank you.
Advocate M.Bhadra
(Expert) 02 February 2015
Unregistered deed is not valid document, all have equal right over the property. If your mother died intestate then her share would devolved within four brothers. If amicable partition failed then contest the suit on merit.
P. Venu
(Expert) 03 February 2015
You have option for seeking settlement u/S 89 CPC?
Rajendra K Goyal
(Expert) 03 February 2015
If the mother has expired intestate her property would be shared by all of her legal heirs.
You should fight the case on merits regrading previous partition.
Biswas
(Querist) 03 February 2015
Thanks all.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
No doubt partition based on oral partition or unregistered partition is held valid under the eyes of law, but since one have moved court for proper partition,challenge the case on merits. Your mother's share of property will be again divided among four children.
