• Land and property Issue

Hi Sir,

I Mukesh Agarwal S/o Bijay Agarwal from Dehri on sone, Rohtas - Bihar.I am writing on behalf of my Father because my Father is not educated.

My Joint Family Cycle.

1) Late Narshulal Agarwal (Brother)
2) Late Puranmal Agarwal (Brother)

1) Late Narshulal Agarwal have one Son age more than 60 name Ratan Agarwal
2) Late Puranmal Agarwal have 4 Son age all are more then 45, name - Ashok, Bijay, Anil, Shyam

This 5 Family are staying in Joint and all are in one side except my father, my father always ask to his brother Ashok Agarwal and other member for Petition Suit because my father dont like to stay anymore with them because they are hopeless they never help to my father in bad situation but Ashok and other family member never agree to go for petition now property

1) Four House
2) One Land

My father and Ratan Agarwal working from last 20 years on that land earlier that land have a rice mill but now not this land took from BFSC government in Nilami (1994), my father and ratan agarwal this two person work and gave nilami amount in installment to the government but my father is not educated and he dont have any knowledge amount the paper and all ratan agarwal is taking care of that land business on paper after transfered full amount to BFSC, governemnt gave NOC to the name of Ratan Agarwal only and from last 6 years my father is asking to give my share on this land but ratan agarwal is not giving and saying i will not give you and at last now a days ratan agarwal is saying you are not suppose to work and do any business on my land because government gave this land to me on paper i have NOC but the amount which gave to the government that amount comes from the business, Bijay and Ratan agarwal did this work no one else.
I want to ask you what is the processor to fight for this situation with Ratan Agarwal so my father have full rights to work and take share from the land

Petition Suit already done in District Court of Aurangabad, Bihar and 11 March is the 4 Date also from last 3 date no any family member present in the court.

May I know the process so i can help to my father and fight for the rights.

Thank You....
Asked 2 years ago in Civil Law from Dehri On Sone, Bihar
1) your father has filed partition suit for claiming share in 4houses and one land . 

2)if no family member remains present court will pass exparte orders in your case . commissioner will be appointed for division of properties by metes and bounds 

3)your father can also claim share in land standing in name of Ratna agrawal as installments were paid equally by your father and uncle . ratan Agarwal had fraudulently transferred land in his name as your father is illtierate and was not aware of the legal paper work
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1. It was a right decision to file Partition Suit of the properties,

2. All other share holders will get Summons from the Court to contest the suit otherwise it will be decided ex-parte,

3. As regards the property held by Ratan Agarwa, file a Declaratory Suit praying for declaration that the said property is jointly owned by your father also since the installments have been paid from the regular earnings from the field tilted by both the brothers.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. Your father is on the right course by applying for partition. 

2. The court must have already issued notice to the other family members to enter their appearance. If none of the family members appears in the court then the court will decide the partition suit ex parte and the process of physical partition would commence.

3. So far as the land owned by Ratan Agarwal is concerned it is not clear how and by which document he transferred the ownership in his favour. It is possible that the deed may have been forged by him. Your father can file a lawsuit for being declared as the joint owner of the land as he also paid the installments.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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Hi, from your narration the partition suit is already filed  and if the other parties will not come then court will pass an ex parte order and proceed with the case..
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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