• Can my mother/grandmother file a partition suit

Dear Lawyers,

I need an advice whether it is proper to file a Partition suit in court for my grandmother (maternal , my mother’s mother).

My grandfather has two wife’s and 8 children. My grandfather 1st marriage in 1948 and 2nd marriage in 1954.

1st wife ( my grandmother) -> 2 Daughters 
2nd wife -> 3 Sons and 3 Daughters 

My Grandfather passed away 4 years back and he has not written any will for his property. From first onward, my 2nd grandmother and children are enjoying the property and they are not looking after my 1st grandmother and their responses is very rude towards her.  Now, three sons are trying to divide the property among  themselves and saying old people will not get any share. They started the division process and not willing to share anything. 

How we can stop this division process legally. If we file a partition case what are the chances of winning and getting the share.  Approximately how many years this kind of partition case will take for final judgment.

Now, my 1st grandmother aged 85 years is fallen sick and very often she is undergoing for treatments.

Thanks,
Kumar
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Dear Kumar
Your grandmother has right to file a civil suit for partition along with an application for injunction against them under order 39 rule 1&2 of CPC.
You can appear on behalf of her after getting authority letter or power of attorney. 
There is no specific time for final the cases. 
Your grandmother will get her share 100%.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
Yes, your grandmother does have share in the property.
Do file a suit for partition immediately.
Ask for injunction as well so your cousins may not sell the property to frustrate your claim in court.
Devajyoti Barman
Advocate, Kolkata
5825 Answers
63 Consultations
4.9 on 5.0
1) you have excellent case on merits . since your grand father died intestate your grand mother and her daughters are legal heirs to the house . 

2) file suit for partition and obtain injunction against any division of property being carried on 


3) since your grand mother is a senior citizen suit can be expedited .
Ajay Sethi
Advocate, Mumbai
24666 Answers
1320 Consultations
5.0 on 5.0
Dear Kumar.
Your welcome.  Yes this is a good case for partition in her favor. 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
Your welcome
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
24666 Answers
1320 Consultations
5.0 on 5.0

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