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We filed partition suit but father took loan on it


18-Mar-2023 (In Property Law)

My fathers brothers and sisters have received their share in terms of money and the only owner was my father. My father has sold the property to a X person. Me my sister and brother have filed a case against my father and X person for our share in the property. The case got dismissed because evidence of my mother and any blood relative was not done, but evidence of two neighbors was done. My father did not sell the property he took loan on it, we don't have any proof of loan so I have filed partition suit. The X person was a Financier, he his brother, father have filed more than 200 case

Answers (2)

Answer #1
590 votes
First my question is whether your father has made any deed between their brothers and sisters? secondly the property is an ancestral? that means who was purchased that property? Hence your query is having insufficient information.
Answer #2
583 votes
I need to Know whether the parties are hindus? If the property is self acquired property of your father and if he is alive then you may not succeed in partition suit. If your father is no more and he had obtained loan on the subject property then you need to clear the lian first and claim share. But please clarify whether he has sold the subject property?

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