Can my grandmother file a partition suit.

I need an advice whether it is proper to file a Partition suit in court for my grandmother (maternal , my mother’s mother). My grandfather has two wife’s and 8 children. My grandfather 1st marriage in 1948 and 2nd marriage in 1954. 1st wife ( my grandmother)

-> 2 Daughters 2nd wife -> 3 Sons and 3 Daughters My Grandfather passed away 4 years back and he has not written any will for his property. From first onward, my 2nd grandmother and children are enjoying the property and they are not looking after my 1st grandmother and their responses is very rude towards her.

Now, three sons are trying to divide the property among themselves and saying old people will not get any share. They started the division process and not willing to share anything. How we can stop this division process legally. If we file a partition case what are the chances of winning and getting the share. Approximately how many years this kind of partition case will take for final judgment. Now, my 1st grandmother aged 85 years is fallen sick and very often she is undergoing for treatments.

Answers (1)

230 votes
Your grandmother has right to file a civil suit for partition along with an application for injunction against them under order 39 rule 1&2 of CPC. You can appear on behalf of her after getting authority letter or power of attorney. There is no specific time for final the cases. Your grandmother will get her share for sure.

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