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partition suit partition suit

4 years ago

My Father has three marriage and we are nine brothers and five sisters .
Father illegally and verbally distributed/separated Jamabandi No. Dakhil khariz etc. 7- 7 bigha in favour of my six elder sons, yourself and my mother in 1966 of his own purchased (self occupied ) property as well as Grand Father s property which comes from partition of his three brothers .
He has also given me only own purchased property-7 bigha (Gair Madosi) after my born in 1970 and sold out during my minor stage but not given Grand fathers property (Madosi property)till date except khatiyani name in residential land with two elder brothers whereas my two younger brothers was born in 1974 and in 1976 , hence not given any type of property till date.
Now , My six elder brothers asking me that property already given to you (gairmadosi/self occupied property ) after your born in 1970,hence you can’t claim for any type of property from six elder brothers .
My father died in 1992 and mother died after two years and three brothers also died .
I would like to take legal and equal partition of at least Grand fathers properties (Madosi only )including residential plot (15 katha /9) .
Gram panchayat has also referred my case to court for justice with mentioned that two brothers not received any thing and one bro brother not received fathers property .
Please suggest me that can my self and my two younger brothers Claim /file partition suit for at least Grand father's property (10 bigha )or equal partition of all properties. what happen if some brothers sold out the agricultural land ?

Shreyash Mohta

Responded 4 years ago

A.Dear Client
You can claim partition u/s 8 of the Succession Act.
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Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
A.Dear Sir,
You can claim partition as per following rule of law.
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Section 8 of Hindu Succession Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Anonymous

Replied 4 years ago

sir ,can i will get back sold out properties and if my brothers are not interested to file suit ,than
can i file suit individually .

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