Partition Suit
3 years ago
My current resident's ROR is named under my grandfather and his brother (both died before 1990).All the properties are joint and not divided and we are living separately from last 30 years i.e My grandfather and his brother's family but in same place . My grandfather has two sons.
In 2008 my father and my uncle had a partition agreement among themselves with the help of some folks (whom i believe supported my uncle rather than my father's side)and Partition agreement is not registered in any form.I lost my father last year and When i first read the agreement i was surprised by the clauses. The clauses were like 1.) my father had to give his self owned property to my uncle and he had given it to uncle in 2009 (which i knew when i was a child) 2.) my father has to give some money as well as 3.) construct extra house for my uncle. I believe This agreement is completely one sided. As per my understanding grandfather's property should be divided not one brother should give his owned property to other brother. I beleive this happened bcz of the panchyat's people pressure since during that time my father owned a couple of properties while my uncle had none. To summerize my father had given one property, money and constructed the DPC for my brother and to add some facts he rebuilt the whole house himself after my grandfather's demise.Now When my father is no more what i can do? Can i file a suit against above agreement ? and if i file a partition suit now then what is the process. Does the law consider above agreement as a proof? Please help
You can apply to have the original agreement set aside as it was executed by using coercion. File a suit for partition and claim your father's share, we can assist you with this.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Yes, you can file a suit for partition. You can also apply to have the other agreement set aside as it was done by coercion and as such, is not valid under the Indian Contract Act. To prove the property is yours, you will need to provide land deeds and survey records you have in your possession.
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