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Partition of property

(Querist) 12 July 2010 This query is : Resolved 
Hello, this is atul iam a hindu, my father is in army & soon he'll b retiring. he hav 2 brothers & 3 sisters, all r married, my father is the most elder among all. My grandfather & grandmother both r alive, my grandfather got 60 bighas of ancestral agricultural property, he also acquired some movable assets during his life, now my father is asking 4 some land 4 agriculture to have some earnings, but my grandfather has denied to give him anything & says he'll give all his property to his other two son & he says He'll kill my father if he asks 4 partition. Tell me what we can do, can he make a will for his two sons & giving nothing to my father, is partition possible when my grandfather is alive, my both aunties cook food in different kitchen, will it help me out? Help me plz
Devajyoti Barman (Expert) 12 July 2010
If the properties are ancestral then certainly your father could ask for partition of the same and at the same time should also ask for injunction so that it may not be transferred in the mean time.
RAKHI BUDHIRAJA ADVOCATE (Expert) 12 July 2010
Do agree with the views of My Ld. friend. For further details and help u can call me at 9871158578
G. ARAVINTHAN (Expert) 18 July 2010
Your father has got right in the ancestral properties and the same can be claimed by filing a suit for partition.

However, your father can not have any right over the self acquired property of your grand father


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