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arul (Founder)     27 June 2011

As grand son, shall i ask suit for partition ?

Dear Sir/Madam,

My mother's father [Grand father] died on 2002, he left a property of 1.60 Acres. It is ancestral property. My mother and her brother are the childrens for my grand father. Later my grand father died, this 1.60 Acres of land, comes into the joint property of my mother[A], her brother[B] and my grand mother[C]. Since my mother and my grand mother are uneducated, my mother's brother[A] cheated B & C by getting a power document for 1.0 Acre of this land for one third party and mis used it. Now we have the balance 0.60 Acres of land as joint property of A,B & C. Since this problem is came to my knowledge, as a grand son, shall i appeal for SUIT FOR PARTITION in court, seeking to give partition of 0.20 Acres of land in my mothers name ?



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 3 Replies

Aniket Giri (ADVOCATE)     27 June 2011

In this current situation i will advice you to file a suit for partition in your mother's name. Since, this your maternal ancestral property you do not have any share. Now, if your mother have any health problems and she cannot appear infront of the court, a simple Specific Power of Attorney would work.

Moreover, relating to the 1 acres which A has already misused, take all the relevant documents to an advocate and let him tell you if any cse of fraud can be made out of it or not.

arul (Founder)     27 June 2011

Thanks for your valuable information sir, so as per your statement my mother have to apply for Suit for Partition, or else if in case she was in some health problem, i can get a power of attorney and i can file the case, is it sir ?

Aniket Giri (ADVOCATE)     28 June 2011

You have to first file the case, then get the Specific Powerof Attorney from your mother for contesting the case in your favour.


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