Rahul 22 September 2019

Imp: partition suit and address requirement

Hi,

Religion: Hindu, North India

My blood father died when I'm about to born. My mother remarried when I was 5 years old. In all the document. Now, I'm raising a property dispute to my grandfather and my chacha's children and wife. Chacha also expired a long time back.

I got to know that my Grandfather played smartly to overrule my property right. He made my chacha children to file partition suit against himself and they mutually concluded and my grandfather has given him almost all the property.

I have two questions:

What are my chances of winning the case in the partition suit? Is there any special caveat which can deny my legitimate right?
I don't have the address of chacha's wife and children who is living in south India. How can I send him court notice? What are my option so that in legality I don't get tangled.

Thanks,

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4 Replies

G.L.N. Prasad (Retired employee.) 22 September 2019

First get the compromise deed, let the deed be studied and then seek documents basing on which mutation was made, indexed at Registrar office, and you can get the addresses of co-sharers in any of the document. Unless the documents are studied, no expert can give a valid opinion. First get all the documents as certified copies and take opinion from a legal advocate , before the property is sold away.

Rahul 22 September 2019

Thanks, Mr. Prasad for the reply.

I've one more question. One set of property is sold away, However, half of the property was in my father name. I have a document pertaining to the same. What is the scope if I file title suit to the new property owner?

Thanks

G.L.N. Prasad (Retired employee.) 22 September 2019

When you contact your advocate, he will certainly advise you to implead the purchaser also as a party to the suit. You may have to file a declaration suit praying for cancellation of such compromise deed through collusion and fraud.

P. Venu (Advocate) 26 September 2019

Any suggestion depends upon the nature of the property and the conveyances/deeds executed subsequent to your father's demise. You have rights vested in properties that have been ancestral and the intestate properties in which your father would have been a legal heir.