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  • Legal Notice vs Suit of Partition

We are three siblings. My grandfather passed away intestate and his self-aquired agriculture land was transferred to my grandmother within a year which then transferred to only two daughters equally while third daughter did not get a share. To file a suit for partition, we were not able to find a good lawyer in my area. We have a huge pressure in the village from siblings which is the reason why i would like to file it at the earliest. 

1. I heard about Legal Notice and it can be prepared with lawyers online. I am thinking that i will send Legal notice to buy some time for finding a good lawyer. Does it make sense in case of partition of the property especially when the land registration was done a few years ago?

2. Is there any advantage of sending Legal Notice before filing suit for partition? 

3. Suppose Legal Notice is sent and they don't respond within the time, do we get any advantage during court hearings?

4. A two-acre of this property is still under my possession. If i sent a Legal Notice, can my siblings do something (legally, like taking injunction order, etc) that weaken my chances? 

5. Vague question: How to find a good lawer in my area (in our Jurisdiction? We met/enquired about several lawyers, but couldn't find a good one. Do you have website/blogs where i can find laywers practising law in that area along with their ratings, reviews, etc? 

Thanks.
Asked 6 years ago in Civil Law

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16 Answers

1. It perfectly makes sense to send legal notice as the same is generally done before filing a case in order to give the parties a chance to set the matter amicably. even if the property is registered in the name they can give a relinquishment deed or gift deed giving the share.

2/3. Yes

4.  Courts generally does not give injunction orders without hearing both the parties as that violates the principle of natural justice and equity. 

5. Kaanoon.com is one such site. You can find good lawyers here. 

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Legal notice is irrelevant if you want a share in the property.

File a partition suit instead without delay.

2 and 3.....no.

4..the case proceedings will have no effect till the disposal of the case.

5...engage a lawyer from a city and bear his expenses.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you must send legal notice to claim your share in property 

 

2) if you don’t get a share then only file suit for partition 

 

3) if they don’t respond to legal notice court can draw adverse inference that they do not want any settlement 

 

4) your siblings can claim share in 2 acres of land on your possession 

 

5) on the website there are lawyers from Hyderabad 

 

6) contact them for reference 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. you can send a legal notice through lawyer (offline/online)

2. no specific advantages, yet a good option,

3. No advantage if they don't reply

4. if you start litigation, they will also do, its obvious, but it doesn't weaken your chances,

5. you can search one prominent lawyer through Kaanoon.com or can make a search through google, ratings will help you find a good lawyer 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. It is not clear as to how your grandfather's land was transferred to your grandmother. Was she the sole legal heir of your late grandfather? However, coming to your query, you can send legal notice before filing partition sui against them. Alternatively, you can scout for your local lawyer and then send a legal notice through him before filing the case.

 

2. Sending legal notice before filing a suit is a legal requirement which is called 'demand for Justice'.

 

3. You get no advantage for his maintaining silence against your legal notice.

 

4. A suit shall have to be filed by them first before filing an application prayin g for injunction on any matter.

 

5. You shgall have to scout around for selecting your lawyer and it is the most dificult taskt before starting the  litigation process.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. See legal notice can be drafted and send but still even after notice they can transfer the property so the better relief will be to file suit and get stay on alienation of the property.

2. See on notice if they agree then you get to save time and money spent on the suit. Other then that it can be taken ground in the suit that they fail to reply the notice.

3. It can be taken as ground in proceedings.

4. That you can retain  pending the suit.

5.You can search on this website or you can  contact lawyer working in the high court in your state. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1 see you can engage an advocate to draft the suit but local lawyer shall be aware of court fee and jurisdiction of court

 

2. You can contact advocate from whom.you want it to be  drafted for the fee quote.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are absolutely correct . A Good petition is the backbone of a case and is of Paramount importance.

You'll have to book a consultation call with the lawyer you want to engage and can discuss the prices with him /her.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

A lawyer can be engaged through kaanoon.com by booking a consultation and then sharing with the lawyer the facts of the case etc.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

yes its always better to send legal notice before filing suit as it shows your conduct that you approached the court as last resort.  you need to know a lawyers work before assigning. you still have liberty to discontinue him if you find his work unsatisfactory

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can contact any lawyer on this website  for drafting suit for partition for division of property by metes and bounds 

 

2) obtain contact details from the website 

 

 

3) website does  not offer feature of drafting suits 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1.drafting is the most important part of the suit and required at all stages till disposal

2. you can book a consultation with any lawyer of your choice and get the drafting done by discussing the matter in deep with him/her, drafting charges will separate,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. You are right. Plaint is the main component of the entire legal proceeding in any matter. The fees charged by the lawyers are broken in to two parts i.e.  for draftiung the plaint and filing the same and then i for appearing on each date of hearings. Plaint for the partition suit can be drafted on receipt of the details of the case with documents and also the fees. Ordinarily, a min imum amount of Rs.40 K is charged for drafting a plaint.

 

2. You can contact the individual lawyers of your choice to discuss the matter.  

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If you want to engage the services of a lawyer, you can do so by engaging any lawyer across the country, whether online or offline, the purpose is to send the legal notice demanding partition of the property and separate possession of your legitimate share in it.

2. There are chances for a compromise and an amicable settlement if they react to the notice and hesitate to take if further through court of law.

3. No advantage can be derived in this except that you can satisfy yourself that you had given them an opportunity for an amicable solution which they failed to utilise.

4. No, this also will come into the partition suit proceedings.

5. You can find a lawyer through internet or by enquiring through friends or any other sources.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You can engage a lawyer in the local and can take background advice from an eminent lawyer either from this forum or elsewhere to solve your issue especially on the lines what you desire to present yor case before court in order to succeed perfectly.

First of all you can go for legal notice by contacting any laywer of your choice from this forum and if satisfied with the lawyer's credentials you may engage the same lawyer for drafting the plaint for the  partition suit as well.

You can first have a phone consultation with the chosen lawyer and then proceed as per your decision.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Dear client 

You can send legal notice through some lawyer but that will make them aware that you are going to file a partition suit against them. And in partition suit legal notice will not be mandatory. 

But still if you sends legal notice and they didn't respond in time it will definitely give you an advantage in the court. 

About property under your possession it's your advantage.

Don't give away possession to any one till the case will be in court. Other wise you will lose advantage 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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