Property dispute
Ayan
(Querist) 12 March 2023
This query is : Resolved
A person (A) got around 200 bigha property from his father by a partition deed in 1953.The person died in 1972 (A) leaving behind 1 son(B) and 5 daughter (C). The son(B) sell, gift all the 200 bigha between 1980 to 2006 hiding the fact he have 5 daughter.Some property have been re- transfered.
I am son of one of the daughter , i want to claim my grand father(A) property. I have all paper , but different lawyer have different opinion , some syas to partition suit , some says file for deed cancellation .Some says it need to file district court , some says big amount matter , it will be in high court.
My query is
1) What is the best option , partition suit or deed cancellation ? (i do not know all , whom 200 bigha was sold , i know some of them).
2)What maximum amount (in price ) case district court can handle ?
3) This would be file high court or district court ?
4)Partition suit have time limit of 12 years , this limitation applicable for hiding real fact / fraud case also ?
5)As the property sold without informing other owner before 15/16 years.Still we can file partition suit or not ?
kavksatyanarayana
(Expert) 13 March 2023
A person who died in 1972 obtained 200 bighas from his father through the partition. So the share of 200 bighas is his own property and his son, 5 daughters, and wife if alive have equal shares over the property. But the son gifted/sold the property and some property has been re-transferred. re-transferred to whom and by whom? Whether wife of person A is alive or not? Who do you keep silent all these years?
Ayan
(Querist) 13 March 2023
1) re-transferred to whom and by whom
We have identified by whom and to whom , we have collected certified copy of the transferred document.
2)Who do you keep silent all these years?
Last 40 years , we leave different station due to tranfarble job, we knew that we have undevided propery .
But now we found this situation,
T. Kalaiselvan, Advocate
(Expert) 14 March 2023
1. Your mother alone can file suit for partition claiming her share out of her father's property.
She need not go for cancellation of any partition or sale deed that has happened earlier.
2.It depends on the state' policy over pecuniary jurisdiction. You can enquire locally.
3. The above answer suits this question too.
4. There is no limitation for partition suit
5. yes
Ayan
(Querist) 14 March 2023
Thank you Sir For your valuable advice
P. Venu
(Expert) 14 March 2023
Yes, your mother may file a partition suit claiming her due share, leaving it to the defendant(s) to come up with the facts.
