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suggestion to file a Partition suit regarding
28-Aug-2023 (In Civil Law)
Father is alive and mother is dead. We are two brothers and six daughters of our parents. All are married and one of our brothers(eldest) is dead and he is having a son who is married. Now our father had transferred(sold) all the landed property to the youngest daughter-in-law's name.
Please advise what to do ? Whether the property can be distributed among us or not. If we filed a partition suit then the case will go in favour of us or not.
You have not clarified, if the Property in question, is self acquired property of your father or ancestral property.
If the Property is self acquired property , acquired by your father ftom his own / self earned money, then he has got all the legal rights to dispose off the said property, according to his own wish, or transfer the same to whomever he may like. But if it is an ancestral property, succeeded by your father, then other family members including all the children of your father have got legal rights over the said property and it can be distributed amongst you .
Hence you may or may not file a Partition Suit, depending on , weather the said property is a self acquired property of your father , or it is an ancestral property.
Thanks
If the Property is self acquired property , acquired by your father ftom his own / self earned money, then he has got all the legal rights to dispose off the said property, according to his own wish, or transfer the same to whomever he may like. But if it is an ancestral property, succeeded by your father, then other family members including all the children of your father have got legal rights over the said property and it can be distributed amongst you .
Hence you may or may not file a Partition Suit, depending on , weather the said property is a self acquired property of your father , or it is an ancestral property.
Thanks
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Adv. Pradipta Varma
Bhubaneswar | 25+ Answers
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