Nik Kannan (Engineer) 22 September 2013

Filing a partition suite

Sir,

I have a question on filing a partition suit against my dad asking for my claim on the ancestoral property.

When i file the suit, is it enough to attach the xerox copy(attested from notary) of the asset document?

The lawyer I consulted asked me the original copy or certified court copy of property documents, I am very doubtful on the procedure and confused why original document or certified copy are needed ?

Please clarify

Thanks

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4 Replies

Srinivas (Director) 22 September 2013

Originals are required as per evidence laws. Normally you can obtain and submit certified copies if

the originals are in possession of someone else. In your case, if originals are in possession of other party

and they are made parties to the suit, you can file an application asking other party to submit originals.

Hope this helps.

Srinivas

T. Kalaiselvan, Advocate (Advocate) 23 September 2013

Mr. Nik Kannan, Mr. Srinivisan has appropriately advised you, he is right, please proceed accordingly.

VIRAJ KADAM (Advocate Supreme Court of India) 23 September 2013

Dear Friend First of all, are you afraid that your father may not give you anything in the property. Your father would be very happy when you will file this suit. Family values are more important than property values. Only a real lawyer would advice you the same. Regards VIRAJ KADAM Advocate, Supreme Court of India