• Documents required for filing partition suit

My maternal grandfather had eight daughters and no sons. I am son of the eldest daughter, who expired in 2000. My grandparents expired in the 1960s without leaving any will. Some of my aunts want to occupy that property and are not willing to partition the property and give me my share. All the relevant documents about the property are with my aunts and I don't have any documents. Under these circumstances, will it be possible for me to file a partition suit and claim my share of the property?
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

On grand parents demise your mother had one eight share in property standing in grandfather name

2) on mother demise her share would devolve on you and yiur siblings

3) issue legal notice to aunts for partition of property by metes and bounds

4) if they refuse file partition suit for division of property by metes and bounds

5) seek injunction restraining sale of property

6) you can take search in sub registrar office and obtain details of property standing in grand father name

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) it would be possible to search the papers from sub registrar office on basis of address of the property

2) the sub registrar office maintain records of old 70 years property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Brother , you are entitled to the share of your mother .. You can get the details by visiting Patwari office .. They have the revenue record of every village.. Tell them the name of your maternal grandfather and they will get you the record .. It is an ancestrol property .. Yuo will get the chain of the property

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1.For filing of partition suit no document is required.

2.You will have to mention only the properties sought to be partitioned.

3. Once the property you mention in the partition suit sought to be partitioned it is liability of the other co sharer to prove that the proeprty is not joint proeprty ir it is exclusively owned by them.

4. From the registration office you can get information of the proeprty held by your grandfather.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If in your district the documents that are 70 year old have been computerized then you can get the details from the address, otherwise it will be a difficult task.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file partition suit, even though the documents relating to the property not lying with you. You have to obtain certified copies of the documents pertaining to property along with encumbrance on property certificate and Market Value Certificate from concerned Sub Registrar. Death Certificate of your grandfather parents and your mother will be required which you can get from concerned municipal authorities. prepare a detailed family tree by mentioning all the family members and share belongs to you and others. If property is in joint possession a nominal court of Rs.200/- only applicable. Yes basing on property details you can get documents in respect of property. you can also collect some data on online and under Right to Information Act.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

you are entitled to get 1/8 th share in the property. your right cannot be frustrated in absence of relevant document. you should file a civil suit for partition and file an application before the same court for discovery and production of relevant documents from the possession of your aunt.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

your aunt is bound to produce all the relevant documents and court thereupon pass order for partition on the basis of inheritance.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

After the death of maternal grand father ,his all daughters have equal right over the property. The eldest daughter is died ,so her 1/8th share goes to her legal heirs. Send a legal notice to get your share. Also check the details of maternal grand father property. Search details of original title deed land tax from Village offices,Possession certificate,details of Khata and encumbrance certificate.

File a partition suit as per the informations with regard to the land property, Find who handle the original documents ?

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

You are entitled to a share out of the share that your deceased mother is entitled.

You can file a partition suit claiming your share and separate possession of the same.

You can obtain certified copies of the document from the registrar's office if your aunts refuse to share the documents.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The property is very old (about 70 years) and I do not know the exact date when it was registered. Will it be possible to search the papers from sub-registrar office only on the basis of address of the property?

You can very well make a search of the property documents by making a random search too. You can engage the services of an advocate who will apply for tracing of title and search by paying the prescribed fee for the purpose before the registrar.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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