• Legal partition of asset from my father

I am a woman. I got married in 1995. I want to file a legal partition of asset on my father. What is the procedure to follow
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property 

 

3) if it is self acquired property of your father you have no share in said property 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

The ancestral property would be divided amongst your siblings and your mother and father. You have to file a partition suit in the civil court.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

See if the property is ancestral then a civil suit can be filed seeking partion of ancestral property if properties are self acquired then no partition is maintainable in father's life .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Just go and claim your share, 

Extreme less info provided,  provide more info to get more,

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Hello, 

1)  Need to know if the property that your father owns is ancestral. If it's ancestral, you can seek partition in a court of law. 

2)  You need to hire a lawyer locally and provide him with all relevant documents pertaining to the subject matter of the dispute and documents proving your relationship with your father, your identity,  address etc enabling him to file the suit in the court. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

How come you can demand partition in father self acquired property.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Till you father is alive you can file any partition case against him in any property whether it is ancestral or self owned.

 

If only he is selling the ancestral property than you can ask your share from him

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- The Married daughter has equal right in the parental Property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.

- FIrstly send a legal notice to your father for your share in the asset.

- If no response within a period of 15 days , you may file a Suit for Partition of the asset/property and pray therein for your share by metes and bounds.

-  You should also pray to the court for a STAY order on the sale or transfer the said asset to any third party.

 

Good luck and dont forget to rating positively.

 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

If the said property is ancestral then you can file partition suit. If the said property is self acquired then you don't have any rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to file a partition suit before civil court.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Whose property is it?

2. You have no share in the property of your father during his lifetime. He is free to transfer or bequeath his property to anyone he desires during his lifetime.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You cannot seek partition of your father's own property if is living.

If your father is no more and reported to have died intestate then you can file a partition suit and seek partition and separate possession of your legitimate share in his property.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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