What is the procedure to file partition suit


Hi Sir, We are four brothers and i am the youngest one.My father kept some assets on my other 3 brothers names.During that time I was continuing on my studies. Now my fathers health is not good and when asked on dividing the assets my brothers are not dividing the same. My elder brother is harassing all of us and threatening us as always. I need your advice how to proceed on this.Can I go to court on this as we tried many times to settle out and he is fighting and threatening us. I need advice how to get my partition on all these assets.

Answers (3)


270 votes

Sir,
1.In the instance ,if the property is self acquired by your father, then he can give at his wish to any person.
2.if the property is ancestral one, then all the Legal heir's can claim equal share.


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329 votes

If your father kept assets on other brothers name, they have absolute discretion unless your father kept some condition. Assuming that you were minor than, someone ought to have been appointed your guardian. To file a partition case, the assets shall be necessarily forming part of family property. In the absence of it, they can be no partition and you have to file a civil suit for declaration and injunction.

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Hi
Since these are your father's properties, need to know how these properties were transferred to your 3 brothers.
a) was it by Gift deed or partition?
b) When were the properties transferred by your father to your brothers?

based on the manner in which your father has transferred the properties to your brothers, we can provide you legal advise on how to challenge the documents.

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