Partition suit
seema arora
(Querist) 19 February 2010
This query is : Resolved
Dear Experts,
Can i claim my share in my fathers property , as my father passed away just few months before my marriage and left no will. The value of property is approx 6 cr +other immovable assets
All details of his property are with my brothers to whom my relations are not good ,can I file the suit of partition directly in Supreme court/High Court, as i am a working woman with limited resources and to my knowledge these civil suits in lower courts take very long time /how can i use that my brothers are discriminating me by saying to terminate all relationship with me.
kindly advise
PS I have no documents in my hand regarding the property and other assets
regards
B K Raghavendra Rao
(Expert) 19 February 2010
You cannot file a partition suit directly in a high court of supreme court. Before filing any suit, you need to issue a legal notice to your brothers if they are refusing to part with your share.
Basically you need to have the following documents before you proceed:
1. Title deeds of your father's property. If you do not have original, you may obtain the same from Sub-Registrar's office.
2. Family Tree of your father verified by Village Accountant or Tahsildar.
3. Khatha certificate, khatha extract, latest property tax paid receipt or copies thereof. You would get these from the local municipal office.
After issuing legal notice, wait for their reply and then file a partition suit in the jurisdictional civil court.
4.
seema arora
(Querist) 19 February 2010
Thanks for reply
Respected Raoji
further i want to ask
1. Title deeds of your father's property. If you do not have original, you may obtain the same from Sub-Registrar's office.
Q-I Have only address of the property
2. Family Tree of your father verified by Village Accountant or Tahsildar.
Q-do they keep track of every family in town any educational certificate wont help
3. Khatha certificate, khatha extract, latest property tax paid receipt or copies thereof. You would get these from the local municipal office.
Q-the documents you mentioned easily accessible
regs
B K Raghavendra Rao
(Expert) 19 February 2010
With the address of the property, it is possible to get certified copy from the Sub-Registrar's office which acts as original for the purposes of filing court case.
The Village Accountant or Tahsildar would visit your area, make enquiries and ensure that the family tree prepared by you is true and then issue the same. It is just a formality.
If you approach local municipal office and apply for khatha certificte, khatha extract you would get the original copies. You would get reference of tax paid receipt and then apply for a copy of it under RTI.
Your problem would be solved.
Guest
(Expert) 19 February 2010
i convey my heartly thanks to Mr Raghav for giving us great knowledge on such issues.
M Ravinder Babu Advocate Parka
(Expert) 19 February 2010
Along with partition suit you file a inj petition not to alinate the property ill disposal of the suit .ny how it follows in your suit.IF possible a commissioner report to strengthenyour claim in valubleproperty claims.
Parveen Kr. Aggarwal
(Expert) 19 February 2010
Mr. Rao
In the office of sub-registrar, record is not maintained property wise and is rather maintained with the serial number of deeds. It is very difficult (if not impossible) to trace any property by its serial number in the office of sub-registrar in the absence of either the serial number of the deed or the date of its execution.
Also, in a suit for partition, the filing of a family tree is not necessary as the other party in most cases do not deny the pleadings about family members.
