Soham Majumder 12 March 2024

Documents for partition suit

I am about to file a partition suit with the injunction against my uncles who are denying us entry into our paternal house and are mentioning that they plan to sell it and once sold we will be sharing our share of the money.
My lawyer asked me to secure the certified deed and death certificate of my grandfather whose name the house is. I can get the deed but my uncles will not give me my grandfather's death certificate.
As an alternate, we are thinking of filling the case with the deed and stating that since our uncles are not allowing access to our house we are unable to access the death certificate and thus they (my uncles) should produce the same to the court if needed.

Please let me know this this will work fine and I will get the injunction to protect any kind of sale.

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 March 2024

No problem.U can get death certificate from concerned website.File injunction suit immediately with the help a lawyer.

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Kartikey Tiwari 12 March 2024

I understand the urgency and complexity of your situation. Let’s address it step by step:

Addressing Missing Documents:

Explain in Lawsuit: In your partition suit, explain that you've made a good faith effort to obtain the death certificate but were denied by your uncles. State your willingness to present it if it comes into your possession.

Shift Burden: Argue that since your uncles are in possession of the house and presumably have access to documents, the burden should be on them to produce the death certificate if the court requires it.

Securing Documents:

Death Certificate: While your uncles withholding the death certificate is an obstacle, it might not be a complete roadblock. You can try:

Public Records: Search government birth and death registry offices or online portals for your grandfather's death certificate.

Other Relatives: Reach out to other relatives who might have a copy.

Importance of Grandfather’s Death Certificate:

It proves that your grandfather has passed away, and his share in the property needs to be distributed among legal heirs.

Partition Suit and Injunction:

Filing a partition suit is the right step to claim your share in the paternal house.

Injunction Protection:

Seeking an injunction is crucial to prevent any unauthorized sale during the legal proceedings.

If the court grants an injunction, it will prevent any sale until the partition suit is resolved.This protects your interests during the legal process.

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