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What are the steps to file for partition suit
11-Feb-2023 (In Property Law)
My uncle has filed a suite of partition against my father.Our family property was originally owned by my grandfather.The property as mentioned above was meant to be divided between my father my uncle and my grandmother.However my uncle has been eyeing my grandmother's share of land and is taking away my grandmothers part of land . The land is almost 9 kottah and was owned by my grand father . But my uncle has already done a registration for taking my grand mother's part of land without informing us.Sir,we would like to know that what steps can we take now in order to revoke this partition suit?
First of all you can not revoke a suit. You can contest the same. And for that i need to know, that whether your grand mother have the consent to convey her share in the property to your uncle or not? If yes then your father is entitled to the 1/3rd share of the property, as your grandmother can convey her share to your uncle wothout the consent of your father. Is your grandmother still? If she is alive and she has no consent over the said conveyance of her property then your father and grandmother need to contest the said partition suit by challanging the said deed. You can contact with me
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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you have to defend the suit and file your written statement. so in order to get any order in your favour you need to prove your case. no one can take any share beyond their entitlement in absence of any written gift or will.
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Adv. Vineet Kothari
Kolkata | 25+ Answers
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If the suit has ben filed by your uncle only.. then you don't have any scope to withdraw or revoke the suit as you are the opponent. Your only chance is to defense the suit by denying allegation leveled against you. You have to file written statement or show cause .
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Adv. Sudip Mukherjee
Asansol | 100+ Answers
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one question , i need to know how you got title of the ancestral property. Your father is till now alive and no share holder transfer it to you..
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Adv. Bhrigu Datta
Kolkata | 25+ Answers
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To answer your question first of all it is necessary to go through the papers and documents. Without the paper and documents it is not possible to answer properly. Hence, you are advised to go to any civil lawyer with all papers and documents.
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