Partition of land
sudhakar
(Querist) 08 March 2010
This query is : Resolved
Hello sir,
i am rajasekar from madurai. my father is missing from 1990 june,and we came to know that he had another family in bangalore but its not a legally married. my mother purchased a land in madurai. my mother died in 2002. in the heir certificate my father is consider as the first heir. now me and my brother want to partition the land to construct house.we try to contact my father, but he is not in position to come and register the land and even he couldn't sign because of fear of his own property in bangalore. so in this case how can we partition the land without knowledge of my father.
Please give me a suggestion.
Thank you.
adv. rajeev ( rajoo )
(Expert) 08 March 2010
you cannot avoid your father, he is also one of the legal heirs and has got right in the his wife's property.
You have to file a suit for partition against your father for your and your brother's 2/3rd share.
sudhakar
(Querist) 08 March 2010
thanks for the reply. now the problem is we don't know his address. a year back we contact him through cellphone now he changed his number. i contacted one of my friend regarding this matter, he advised me that put a paper publication stating that we (me and my brother) going to separate the land if any one have objection pls let me know kind of publication suit the file with this. is this the correct procedure to follow up.
Raj Kumar Makkad
(Expert) 08 March 2010
Yes. Paper publication is the proper way and after filing of the suit, court has to get the notice published in its set language. You have only to deposit its publication amount.
