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ashok kumar   10 August 2016

Partition of property (land & others)

SIR.

I HAVE ALL READY FILED PARTITION SUIT IN CIVIL COURT AGAINST MY UNCLE(KARTA OF MY FAMILY-NOW HE EXPIRED AFTER ISSUED SUMMON).

BRIEF HISTORY OF THIS SUIT---(1) MYGRAND- FATHER HAD TWO MARRIGE,FROM FIRST WIFE MY FATHER BORN ,AFTER HER EXPIERD, SECOND MARRIAGE DONE BY MY G.FATHER AND FROM SECOND WIFE MY UNCLE  AND THREE PHUA BORN.(2) DURING LIFE OF MY G.FATHER AND G.MOTHER(MATERNAL) MY FATHER PURCHES  SOME LAND IN THE NAME OF MY G.MOTHER(MATERNAL) WHILE HE WAS IN SERVICE.(3) MY G.FATHER,G.MOTHER(METERNAL) AND MY FATHER WERE EXPIRED WITHOUT ANY WILL AND PARTITION BETWEEN MY FATHER AND UNCLE.(3) MY UNCLE PURCHESED SOME LAND IN HIS NAME AFTER SAILING  IMOVEABLE PROERTY(PLANTS,GRAINS,ETC) (5) I HAVE FILE SUIT  AGAINST ON ANSESTOER PROPERTIES,LANDN IN THE NAME OF MY G.MOTHER(METRNAL) AND MYU NCLE.

AFTER ABOUT SIX(6) MONTH OFSUMMUION ISSUED ,MY UNCLE EXPIRED,  HENCE MY ADVOCATE SEND LEGALE NOTICE/SUMMON TO HIS MARRIED THREE  DAUGHETRS AS THEY ARE NOW LEGAL HIRES OF HIS PROPERTY.

INFOFORMATION /SUGGESTION REQUIRED BYME: --

(I)WHETER THIS IS CORRECT STEP TAKEN BY MY ADVOCATE TO GIVE NOTCE RIS DAUGHTER_TO APPEAR IN THE COURT,BECAUSE THEY ARE ALL READY MARRIED BEFORE 200

(II).ACCORDING TO HINDU SUCCESSION ACT AND RULE -I BECAME "KARTA" OF THIS HINDU JOINT FAMILY,  BECAUSE MY UNCLE HAD ONLY THREE DAUGHTER NO ANY SON

(III) AT PRESENT TWO DAUGHETR OF MY UNCLE OCUPIED  MY ANCES TOR HOUSE  FORCELYAFTER EXPIRED MY UNCLE.-WHAT LEGALE ACTION MAY TAKEN BY ME.

(IV)THE LANDS WHICH ARE SOLD  BY MY UNCLE IN HIS LIFE MORE THEN HIS PART WILL BE RETURN BY COURT OR NOT TO ME?

(V) ANY OTHER  FRUITFULL SUGESSION .

                                                                          



Learning

 5 Replies

Kumar Doab (FIN)     10 August 2016

It is believed that you are Hindu.

The property from mother's side is not ancestral.

 The property fo hindu female devolves upon her husband, sons and daughters.

Kumar Doab (FIN)     10 August 2016

You have posted that:

 

"DURING LIFE OF MY G.FATHER AND G.MOTHER(MATERNAL) MY FATHER PURCHES  SOME LAND IN THE NAME OF MY G.MOTHER(MATERNAL) WHILE HE WAS IN SERVICE.(3) MY G.FATHER,G.MOTHER(METERNAL) AND MY FATHER WERE EXPIRED WITHOUT ANY WILL AND PARTITION BETWEEN MY FATHER AND UNCLE.'

 

The first right on mother's property is of children born thru her womb.

Your father purchased proeprty in the name of his biological mother or step mother?

Uncle was born thru womb of your father's mother or your father's step mother?

 

 

 

manju   11 August 2016

sir, i am facing problem in the high court of karnataka that since  i put my case on the 2008 till now i am not getting any results soo my kind request is that how can i go now to clear my case as soon as possible plzzz.

ashok kumar   11 August 2016

(1)  - i-  My father purchesed  property in the name of his step mother.

      -ii- My grand -father also purchesed property in the name of his wife(step mother of my father).

(2) My uncle was born thru womb of my father's step mother

.(3) I belong from joint hindu family of BIHAR.

 

Kumar Doab (FIN)     12 August 2016

You may go thru:

https://www.lawyersclubindia.com/forum/Property-share-140293.asp

https://www.lawyersclubindia.com/forum/Hindu-joint-family-property-140192.asp

https://www.lawyersclubindia.com/forum/Step-son-rights-on-step-mother-property-127187.asp

https://www.lawyersclubindia.com/forum/Right-of-property-to-a-step-son-over-step-mother-s-property-97429.asp

The Hindu Succession Act, 1956: 15(a)

and pick up relevant points. 

 

Your own counsel has attmpted to get you relief can advise further.

You can appeal to the court for speedy justice.

You can obtain second opinion from a senior counsel.

 

 

 


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