Original suit of title
Sidambaraselvan
(Querist) 09 October 2016
This query is : Resolved
Exact Case is my relatives file case against my father not to enter in to their ancestral property forcibly.
But they don't have any legal heirship certificate or any death certificate to prove that they are the legal heirs to the owner of the ancestral property.
They partitioned the property through unregistered partition deed. Under Section 17 of the Registration Act, registration of partition deed is compulsory.
My father has the legal heirship certificate issued by the Tahsildar.
Grand father of my father has right over the ancestral property based on the original patta.
Tahsildar issued legal heirship certificate stating that my father was the legal heir of his grand father.
None of my relatives have no legal heirship certificate which we are ready to prove in the Hon'ble Court.
My relative's grand father are also have right. But my relatives have no death certificate or legal heirship certificate to prove that they are their legal heirs.
Without informing my father they partitioned illegally and wantonly cheated my father without giving share and registered their sale deeds.
In that situation when my father enquired about this, they filed the Original Suit jointly.
I therefore request the LCI members to assist me in the following grounds -
(a) Can 3 different plaintiffs having
(i) 3 different metes and bounds of properties;
(ii) 3 different sale deeds
file Original Suit (OS) against the defendant (my father) jointly.
(b) If they file OS jointly, how will the stamp duty for filing original suit will be calculated as each and every property has 3 different types of measurements in square feet and also different land values.
P. Venu
(Expert) 10 October 2016
If your father has a share in the ancestral property, he can file a suit for partition.
Rajendra K Goyal
(Expert) 10 October 2016
The facts seem to be bit complicated and nothing proper can be advised without referring full case file.
Your father should oppose their claim in the court.
Discuss in detail with some senior lawyer.
