• Partition suit

My father gifted property to me and my brother through registered settlement deed in 1982. ths is vacant land. my brother and me jointly sold part of this land in 1991. 
since, this land is vacant, my brother gave to others for rental as a open godown to others since 2000. I live in another city
Now, I am asking him to partition so that I can sell part or all of my share as per my wish. he is dragging the issue.
1.)what is remedy?
2)is there're any time limitation to claim my rights of my father own property. My father died in the year 1998
3) can I combine other properties of my father, which are not willed along with this particular property?
Asked 5 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
Hi, You have to file suit for partition of your share including all the properties.

2. For filling partition suit there is no time limitation.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you are co owner of land . you can sell your undivided share without consent of brother 

2) under section 44 of transfer of property act  co owner can sell his share without consent of other co owners

3) in the alternative file suit for partition for division of land by metes and bounds 

4)there is no limitation for claiming your rights on your father property 

5)you  can file suit for partition for all properties standing in name of deceased father 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. issue a legal notice to him and if he is not ready to give you your share within notice period then immediately file a civil suit for partition before civil court.

2. 12 years from the cause of action.

3. yes, you can club all the properties in this matter and claim your share.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) you can take search in sub registrar office and take copies of sale deed from sub registrar office 

2) in partition suit apply for appointment of court receiver pending hearing nd final disposal of suit and rentals be deposited in copourt
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Filing the partition suit for all properties will be the best option.
If you have no documents then apply for inspection before registrar of concerned area and get certified copy of documents which was in the name of your father.
Because your father died before 2005, hence sisters are not entitle to get equal shares from father's property as per recent supreme court judgment.
Feel Free to. Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1.)what is remedy?
If your brother is not willing for an amicable partition,you may file a partition suit seeking partition and separation possession of your share in the jointly held property.




2)is there're any time limitation to claim my rights of my father own property. My father died in the year 1998
There is limitation for seeking partition of property, you can file it after any number of years.



3) can I combine other properties of my father, which are not willed along with this particular property?
Yes other properties also can be joined in this while seeking partition.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
In the given situation in your subsequent post, you:

can file partition suit for this property alone separately which was already settled in your both the names by impleading your brother alone as a defendant seeking partition and your entitled share in it.

In the other common properties, you can implead your sister also as a defendant along with your brother is a partition suit to be filed separately in respect of other properties.

Dont worry about the documents, you can obtain certified copies of the registered documents from the registrar's office. Or can say that the documents are held by your brother in the plaint.

You can also claim mesne profits out of the rental and other income derived from the property proportionately from the properties under partition suit.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The title of the property passed to you and your brother after the gift deed was executed. So you are at liberty to file a suit for partition to cull out your separate share which you can then sell without hassles.

2. In so far as the other properties of your father, in respect of which he died intestate, you are free to seek their partition also in addition to the land gifted jointly to you and your brother,
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
The simple way to divide the land is by execution of partition deed but this is possible only if there is a positive agreement among all the legal heirs.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Filing of partition suit is the remedy for you under the given circumstances,

2. There is no limitation for filing partition suit unless you are made aware that you have been deprived of your share of the property by the other co-sharer,

3.You can file partition suit claiming for partition of all the properties of your father. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The properties which are in the joint names of yourself and your brother can bee sought to be partitioned with metes and bounds,

2. The rest of the properties can be partitioned by amicably registering a partition deed between all the legal heirs and if amicable settlement is not possible then partition suit for the same also can be filed before the court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You shall have to search out details of the properties your father has left,

2. You shall have to file partition suit claiming your share of the properties along with other legal heirs,

3. If the properties left by your father are ancestral properties, then your sisters will not have any right, title and interest on the said ancestral properties since your father died before the year 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
you can rely upon loan sanctioned by banks to prove that it is self acquired property and not bought out of revenues from father  estate 

2) if brother files suit you have to file detailed reply denying allegations made in suit 

3) your brother has to prove allegations made by him 

4) as far as property given to wife by her parents brother cannot claim any share in them . even if he claims share he has to prove his allegations 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. No, it will not be a separate case at all. When opposing the partition suit filed by you, he will claim that you have already been paid huge amount from the fund of your father to buy the Bangalore property in your name for which the remaining property should be settled in his name since the value of the Bangalore property is more than or equal to the value of the properties of your father at A.P.,

2. He can claim anything he likes to which you shall have to contest fittingly with evidence or calling for evidence from him,

3. Yes, these are the evidence you shall have to submit before the Court to counter his false claim that your self earned property has been purchased from the income derived from your father's property,

4. He will certainly claim whatever he can for his gain. You shall have to diligently counter all his claim and get your share of your father's property by engaging a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Q1) Can he claim like this for partition suit. I underatnd even if he wants to claim that that has to be separate case.

Your brother will have to file partition suit if he wants claim in yourand wife properties

Q2)  can he claim without proof of sending money- does court accept such claims in first place

your brother can claim such reliefs in suit filed by him . however as mentioned earlier he has to prove it 

Q3) he is not income tax assesses where as I am. I built my house with bank loans.

you can produce your loan account statement to show that you purchased flat from bank loans 

Q4) he is also claiming property of wife, given by her parents saying that that land is bought with the joint money.

brother can in his suit claim share in you r wfie property if bought out of funds given by your father estate 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Your brother's claim to the self acquired properties is absolutely un-maintainable.

Since the properties purchased by you stands in your name, the court will not take his gimmicks into consideration.

The properties purchased in your name shall remain with you, that is law.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Your brother has no merit in his statement filed desperately by him since no oral agreement in connection with conveyance of property is acceptable by law and such deed of conveyance is required by lae to be registered.

2. You two are equal share holders of all other properties of your father which he has not settled between you two. So, you can add those properties in your said suit filed against your brother.

3.You can file a police complaint against him for cheating you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) burden of proof is on your brother to prove Rs 3 lakhs paid to you 

2) whether he has in income tax returns declared said payment 

3) file separate suit for  partition of all other properties 

4) don't file any criminal cases against your brother 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
 has not paid single penny nor there was any agrement. please respond or the below
1. my lawyer says this oral agrement does not stand in court of law and also there is no evidence of money paid.( my brother may produce false eye witness)

Your lawyer is right in his opinion, you may follow his advise according.




2. can i add other properties standing on my father's name to this existing suit or should i file separate suit ofartition for other properties ( the present suit property is clearly given to me and my brother through registered settlement deed)

The partition suit to the properties jointly share can be filed separately, do not combine them with this your own property.




3. is there any advantage if i initiatte criminal procedings against my brother since he agreed that he transfred the said property to his wife.

No criminal proceedings shall be maintainable except cheating or land grabbing which are not found here.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Can he claim like this for partition suit. I underatnd even if he wants to claim that that has to be separate case.

You hav filed a partition suit seeking partition and separate possession of your share in the properties left behind by your father.  For the present o concentrate on your case alone, do not worry about his plans, if he does so, you can challenge it properly.


2. can he claim without proof of sending money- does court accept such claims in first place

This is a matter of trial, dont get excited over this at this stage itself.







3. he is not income tax assesses where as I am. I built my house with bank loans.
4. he is also claiming property of wife, given by her parents saying that that land is bought with the joint money.


My answer to this is as given above in Q.2, 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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