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Rishi Mishra (self)     05 December 2011

How to get a deed of partial partition done

HI,

I am part of a HUF. HUF consists of my father, mother, my father's brother, his wife, my brother, his wife and two minor kids and my unmarried sister. I also have a married sister, married in 2004. The family is living by an ancestral property which is registered in the name of my great grand father,  who died without a will. Now, i want to separate from the family and also want to get my fare share in the ancestral property which belongs to me by law. The property includes irrigated agricultural land and a house. Tell me how, by law, i can make the other members give me my fare share and the detailed procedure and costs involved in getting  deed of partial partition done?  All your help willl be highly appreciated!



Learning

 12 Replies


(Guest)

only if all the members agreed and signs registered partition deed then only it can be done.  if not go for partiton suit for entire property.

valentine thakkar (advocate)     06 December 2011

I agree.

Rishi Mishra (self)     06 December 2011

Could you give me elaborate procedure of doing a partition suit, including the fees involved and time it will take till final settlements. I appreciate all your help. :)  

Advocate Vishnu (Advocate)     06 December 2011

Dear Rishi Mishra,

You will have to go for a partition suit only if there is any dispute amongst the legal heirs. If all legal heirs are agreable , then you may execute a registered partition deed wherein the respective shares of all legal heirs are mentioned in the scheudles.Since the properties belong to your great grand father, pl list all the legal heirs who are eligible for a share in the said properties and then go for a  partition.Even if you leave out one legal heir, it amounts to improper partition and the partition deed is voidable.

Rishi Mishra (self)     06 December 2011

I have mentioned all the family members. Can you tell me who among them are legal heirs. Also mention the procedure for filing a partition suit and cost and duration involved. Thanks  :)

Advocate Vishnu (Advocate)     06 December 2011

Dear Rishi Mishra,

How many children did your great grand father have and your from your query I understand your grand father had only 2 sons..

Rishi Mishra (self)     07 December 2011

My great grand father had two sons. His other son has a son who in turn have two sons and three daughters of which 1 daughter is married. Now, this other family has already taken their share, most probably through oral deed. My grandfather and his brother have passed and their sons, my father and his cousin are already separated, but my father's brother is still with my father. Now, i want to separate from the family which i have mentioned in my original query. Looking forward to your response. :)

Rishi Mishra (self)     07 December 2011

What i really wanna know is elaborate procedure of doing a partition suit, including the fees involved and time it will take till final settlements. Anyone????

Rishi Mishra (self)     07 December 2011

What i really wanna know is elaborate procedure of doing a partition suit, including the fees involved and time it will take till final settlements. As in which court to approach, which official to meet. Anyone????

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 December 2011

If other members do not agree it will be long, long and long legal battle. Try to amicable settle the matter among your selves.

sumana (practice)     08 December 2011

You need to file a suit in the district court under the proper jurisdiction. It will be a suit for Partition. The cost of filing such suits vary from place to place as it is a subject matter of Advocate fees. But approximately you may have to spend Rs.5000/- at least for filing purpose. The time factor is extremely volatile. but as you said that there is no dispute and if all others co sharers are like minded with you then it may be disposed maximum with in a period of 3 months. But here please remember one thing everybody has to agree to this. if any body files an objection stating they are not interested in partion then it may cause delay. And also Married daughters have got full right onthe property.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 December 2011

If other members do not agree, it will be long, long and long legal battle. Try to amicable settle the matter among your selves and If they can identify your share in particular and want to continue their HUF. Then only way you can ask them to execute a Release Deed by stating that your share of prpoerty in HUF is divided and delivered to you and they can continue their properties under HUF.


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