My share in my parents property
lakshmi
(Querist) 08 February 2014
This query is : Resolved
sir
I am lakshmi.i had married in 1985.
my father was died in 2005,
now i want to file a suit for my share in my parents property.
i have approached a laywer he told me that fist i had to get a list of properties owned by father untill his death,then only we can file a suit-he told.
please give a correct suggesition for me.
thank you
Devajyoti Barman
(Expert) 08 February 2014
Yes, in a suit for partition giving list of property is must unless how could the court order for your due share in it.
lakshmi
(Querist) 09 February 2014
but how can i gather the information about the property which is only on his name as he use to purchase land and other assests mostly in the name of my mother or other family members.
Dr J C Vashista
(Expert) 09 February 2014
All the properties are required to be disclosed and mentioned in the suit for partition.
You are to find out yourself and give input to your lawyer for your own benefit.
ajay sethi
(Expert) 09 February 2014
take search in sub registrar office for last 30 years .you will be able to find out properties purchased by your father in your mother name
Rajendra K Goyal
(Expert) 09 February 2014
You can file suit for partition of property in the name of your father at the time of demise. You have to search the record from Registrar office for properties.
The property purchased by your father in the name of your mother will not be partitioned if she is alive as it would be considered her self acquired property. Similarly property purchased in the name of your brother would not be distributed.
Devajyoti Barman
(Expert) 09 February 2014
For the time being mention those which you know about.
Later if you find more you can amend for those addition.
T. Kalaiselvan, Advocate
(Expert) 09 February 2014
Correctly advised by expert Mr. Barman. Just bell the cat for the time being, let it go around ringing the bell, lets see what responses you get from other sharers, chances that on provocation, they may come out with more details, which will benefit you.
Dr J C Vashista
(Expert) 10 February 2014
The plaintiff has to mention all the properties for partition, if detected later on, shall be precluded and suit may be dismissed.
Devajyoti Barman
(Expert) 10 February 2014
More joint properties can always be added in the hotchpot of suit property by way of amendment of plaint. It is liberally allowed by court also.
Non inclusion of one or two joint property is not aground for dismissal.
