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Vijay (sr. mgr)     27 July 2011

Grand son issues partition notice to father's siblings

Grand son (named Ravi) has sent a partition and permanent injunction notice to all the siblings (3 bothers & 3 sisters) of his father (who died in 1965). Ravi’s grand parents had bought and built their own properties between 1955-1974 … In the year 1975, the grand parents distributed their properties as per their desire as a partition deed between their 3 sons and also gave a share to their grand son. This distribution was registered in the high court. Ravi was then a minor, therefore his mother was made the guardian and he turned major in 1983 and also became an advocate in 1998.

 

The grand mother died in 1975 and grand father died in 1994. Please note, Ravi was a major for 11 years, when the grand father was alive.

 

As the grand parents built their own assets, the property is NOT ancestral and definitely not 4 generation old. Plus, the partition deed made in 1975 was made by the grand parents themselves. They clearly did not want to give any immovable properties to the daughters as they were well settled and were given cash.

 

Now in 2011, Ravi clams that his mother has been mentally sick since 1965. As his uncle’s share in the distribution has appreciated immensely as compared to his share, he does not acknowledge the partition deed of 1965. He has also sent the notice to the daughters so as to make it look like an ancestral property case. Plus, he claims that as there was no will of both the grand parents, all properties be recollected and distributed equally in 7 parts.

 

Please note that all the properties which were distributed in 1975 has their own boundaries, new buildings and registered under individual share holders name for over 36 years. The grand son has even made his own house over his share of land.

 

Does this even create a case for a notice at the 1s place? Why is he claiming that his mother has been sick since 1965, where as she is not   … kindly advice!

 

Regards.



Learning

 1 Replies

Vijay (sr. mgr)     28 July 2011

The partition deed of 1975 is also registered in the high court. Plus, the grand father had also given a petition and affidebit in court  that No person including relatives can file a case against the 1975 Partition deed. ... Please advice. 


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