• Should I claim for partition?

My grandfather has 4 sons and 2 daughters 
Each one of them has got their property ,gold,cash according to bequest made by my grandfather at the time of their death 

Now the Problem is my dad(2nd son) hasn't got his allotment ...
All of his property n cash is under hand of 1st son and he is refusing to give possession to us....
Wht should we do now
Asked 7 years ago in Family Law
Religion: Sikh

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

1) i preusme your grand father died intestate ie without a will

2) on his demise your father had one sixth share in property

3) your father should issue legal notice to his siblings for division of property by metes and bounds

4) if they refuse file suit for partition

5) seek an injunction restraining his siblings from creating third party rights on the property

Ajay Sethi
Advocate, Mumbai
96762 Answers
7804 Consultations

your father should file suit for partition

seek injunction restraining his siblings from creating third party rights on the property

Ajay Sethi
Advocate, Mumbai
96762 Answers
7804 Consultations

1. Well it is not clear how the division of property was made after the death of your grand father.

2.It looks like that there is written deed of partition and may be verbal arrangement the properties were distributed.

3.if that is so then your father will have to file a suit for partition claiming share due sahre.

4.in the case of verbal arrangement it will be difficult to prove the amount of distribution.

5. In any event this is the only option left to you.

So go ahead and file a a partition suit.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

1. If the first son is refusing to deliver the possession of an immovable property to your father then a suit for recovery of possession is required to be filed by your father in the civil court.

2. A suit for partition is not required to be filed if there is a bequest made by your grandfather. The properties have devolved in terms of the will. It is just a question of possession, so a suit for recovery of possession is the answer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Initially serve a lawyer's notice to him, and if then also better sense does not prevail on him then file the suit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. Did your grandfather write any will bequeathing both his movable and immovable properties amongst all his children or to some of his children?

2. If not then his said properties will be equally inherited by all his children.

3. If there was no will executed by your grand father, your father or you in case he is no more, should file a partition suit immediately claiming your share.

4. If his properties have been willed by your grand father, then the distribution and further ownership of his properties will be as per his said will.

5. Probate of the will from the Court shall have to be taken before claiming ownership of the bequeathed properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. File a partition suit immediately.

2. If there is a will and its probate has not been taken yet, you should challenge the genuineness of the will if application for its probate is filed by the beneficiaries.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

If your grandfather divided his properties and had allocated them to his children accordingly, then why did yor father not get possession of his share ?

If his share of property is joint with his his brother , your father can file a partition suit if his brother is refusing to allot his share in the jointly held property.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

What should be our further steps?

If the talks fail to fetch any fruitful result or no amicable solution is arrived then yor father has n option than to aproach civil court seeking partition of properties and separate possession of his legitimate share in the property left behind by his father.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer