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Bikas Roy   10 October 2015

Partition suit

1. Father expired without proper will.

2. Can the partition suit be filed by a child who is residing abroad and has an ancestral home in India? What is the process?

3. If the siblings are doing illegal construction then how to stop them? Can it be done by issuing injunction?

Thanks for the help.



Learning

 4 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     11 October 2015

Yes. Petition for ad-Interim Injunction also could be filed along with partition suit either personally or by your power holder.

Dr J C Vashista (Advocate)     11 October 2015

Yes, the minor can file a suit for partition of ancestral property and injuction through his/her natural guardian as next friend.

Engage a local lawyer for proper proceeding.

Bikas Roy   11 October 2015

Ms Kabeer and Mr. Vashista,

Thank you very much for the guidance.What are the documents required, aside from Father's death certificate, for partition suit ? Can one start through lodging FIR in nearest PS?

Senthil (Sen)     12 October 2015

We are the 4 legal heirs of my late father. Me(son- married), My mother and 2 Married Elder Sisters. In 1980 my father become the member(Class A membership) of a Co operative Housing society - Mayiladuthurai and nominated me as nominee(i was 3yrs old at that time). Subsequently a plot was alloted to my father in 1982 by cooperative society and he fully paid for the same but plot was not registered(sale deed) in father's name at that time. Suddenly my father passed away in 1984 due to health problems leaving behind without any will.

 

In 1986 the Co-operative housing society registered the property in favor of my mothers name. She constructed a house by raising the loan from the society at that time and made me and my sisters as Class B members(we are all minors at that time) for surety purpose. Then my sisters got married and subsequently for me too.

 

In 2009 with my knowledge and with my help, my mother demolished the house and proposed to construct 3 flats there and sold 2 flats  and conveyed 1400 Sq ft (700 sqft for each) undivided share of land to them out of 2600 Sq Ft plot. Now construction work reached the first floor.

 

Now my 2 elder sisters filed a partition suit claiming 1/4 share in that plot.

 

My Questions:

 

What are all the significance / rights / advantage of a nominee of class A member according Tamilnadu Cooperative Housing Society act

I am very much aware that the Nominee doesn't have any advantage normally other than equally sharing with heirs but considering my case since my father mentioned me as nominee at my age of 3 and sudden death of my father can it be considered as WILL


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