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How to initiate suit for partition of joint family property
06-Jun-2023 (In Civil Law)
We muslim family 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? The defendant pointed out the rental income which we are getting now from tenant, to be deposited in court. but tenants are with us. how to deal with this rental problem? How to avoid and rental to be remained with us
For claiming your right you must prove the hiba was a fradulant one. If the hiba is made invalid then all the records made after hiba will be invalid. Your Brother's son will be forced to prove the hiba by producing witness in the court. Once the witness was proved as invalid witness then your partition claim will succeed. You have a good case in hand. It is necessary to handover the possession of the property once the hiba was made. As your Brother's son is not in possession you should go-ahead and cancel it.
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Adv. GP Vijay
Chennai | 200+ Answers
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