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asking possible to file a partition suit or not
30-Aug-2023 (In Property Law)
My father have 3acre self aquired property in rural district he has purchased in 2006. My father married 2nd wife after the death of 1st wife ie my mother. After my father death his second wife transact pouthi khatha in her name sold to someone and they mentioned my name in sale deed during that time I am minor I am a hindu religion please help me weather I can file a partition suit or not
Sir, second wife have no right to sold anyone to your share when you are a minor without the appointment of a guardian through the Court. Please verify whether she is appointed guardian at the time of registration of the sale deed. If not, you can file a suit against her and the purchaser. If you need any other advice contact me.
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Adv. Savitha Savi
Mangalore | 200+ Answers
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yes you can file partition suit. in the same suit , you must also seek prayer of setting aside/ declaration that the sale deed is not binding on your share.
you must make your father's 2nd wife defendant and also all the subsequent transferee party to suit as defendant.
ensure you take timely action to show you are genuine and immediate injunction order to avoid further transfers of the property.
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Adv. Sushanth Sharma BS
Bangalore / Bengaluru | 25+ Answers
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