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

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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Family Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
18 years Experience
299 votes

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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."