Partition suit
Shweta Bagkar
(Querist) 27 February 2014
This query is : Resolved
Elder brother has illegally transferred his deceased fathers property on his own name without noc of 6 other legal heirs. He has died and his wife has kicked off her sister in law(Leela) whose husband is also no more. Police are saying that this is ladies matter you better go to court.
1. can she file partition suit and get her share ? under which act and section?
2. on whom the burden of proof will lie if Leela says that it was her father in laws property.
Devajyoti Barman
(Expert) 27 February 2014
1. Yes, very much.
2. Both of you. Initial onus is on the plaintiff.
Sankaranarayanan
(Expert) 27 February 2014
No more answer required for your query
Rajendra K Goyal
(Expert) 28 February 2014
She can file partition suit to claim her interest in the property. She has to prove that the property belonged to her father in law.
ajay sethi
(Expert) 28 February 2014
agree with Mr barmman
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
She is entitled to a share in the property out of her deceased husband's share, she can seek partition.
V R SHROFF
(Expert) 02 March 2014
As she was kicked out;
Why not get residence order under DV?
Shweta Bagkar
(Querist) 04 March 2014
She does not want to stay there as her sister in law had tried to kill her by mixing poison in food.. she can do any harm to Leela as there is no one behind her to complaint about that
