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
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
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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
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
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 .
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.
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
- 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.
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.
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.