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How to enforce share by partition suit


05-Jun-2023 (In Civil Law)
We two brothers and 2 sisters. My elder Sister's House is besides my house. We are in one place. After my sisters death, the house was using by me and another sister. still under our control. Now my brother's son made a fraud Hiba document (oral Hiba) as deceased sister made oral hiba to his father (my brother) on 2002. and they registered in 2016 on their name and change all property tax and electricity to their name. Now me and my sister want to challenge and file partition suit. Is it OK? can we get our share through partition suit?
Answers (2)

Answer #1
545 votes
You and your sister can file a civil suit to aside the HIBA made orally to defeat your rights. Both the sisters can join and file a single suit. Both thw sisters can file a criminal complaint against your brothers.
Answer #2
707 votes
HELLO,

IF YOUR DECEASED WAS SISTER WAS A SPINSTER, THEN THE CASE IS DIFFERENT. IF THE HIBA IS FRAUD BY ALL MEANS you can approach the court for your right of share

for more details pl. approach after securing appoint through LawRato

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