Can i appeal to court after dividing the property after years
22 years back my father(Agriculture)his younger brother(doctor) and elder brother(Inspector)agreed to divide a property saying that the property of their father and also the property which they have own individually but undivided till that period.While dividing the property doctor and inspector have not bring their individual property they have divided only the property of my father and grand father,we dont have documents for any of the property including the property that belongs to my father,all the documents are with inspector.After dividing the property as i mentioned above they have given a xerox copy for the shares that given to us.How can i appeal to a court saying that my father was cheated during the time of property dividing.
Asked in Property Law from Chennai, Tamil Nadu
what are the necessary documents i have to produce to support my rights
Asked 3 years ago
File a suit for partition and injunction.
1) what was your father doing for 22 years?
2) is the partition made between your father , 2 uncles duly stamped and registered?
3) it is necessary to go through the contents of document executed by you father to further advice
4) it is doubtful that court will intervene and set aside partition made 22 years ago
1. How was the partition made between your father and his brothers? If it was made by a deed of partition then has the deed been registered and stamped?
2. If the property of your grand father has not been divided equally then your father may file a suit for partition to claim his equal share subject to the rights which he relinquished, if any, in the deed by which the partition took place.
3. Show the related documents of the property to a lawyer and obtain his opinion as without perusing threadbare the instrument by which the partition was made it is impossible for us to opine.