Legal Question in Civil Rights Law in India

civil proceedure code

my grand-father is blessed 4 sons and 4 daughers. now his age is about 75 years. he used to do the cycle shop business.All the daughters and sons are married , except one daughter due to ill-health, she didnot marry .now she is living seperely

my grand father is alienate the properties to his elder son only. my grandfather told that his elder son purchased the properties from him.my grand father is living with his elder son.these properties were Regd. in the year of 1992,1997,2003. now he has two house properties in his name. in all these properties one property was coming from his father.

1)My problem is , can i file a partition suit against him, if i filed partition case, my grand father may alienate the other two properties in favour of his elder son.How can i stop to alienate the remaining two properties and is there any chance to cancell the previous redg.,by him in favouur ofhis elder son.The married daughers are not asking share in properties

2)can i file a M.C and partition suit against him through by her unmarried daughter.can she get any property form him through court.

Thanking you


Asked on 8/26/07, 9:58 am

3 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: civil proceedure code

if the properties are your grandfatather self acquired properties then he can deal with them as he wants if they are ancestral propertie then you can claim your share.

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Answered on 8/28/07, 10:26 am

Re: civil proceedure code

If the properties are self owned property of your grand father then he is free to alinate the same as per his wishes and in that case you can not claim partition.Your aunty is entitled to claim maintainance only.What was source of your grandfather's father property?Was it his self owned or it was purchased from the funds of joint property?Your family is joint family ? contact with details.Professional charges are applicable.

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Answered on 8/26/07, 2:21 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: civil proceedure code

is it a self owned property or whats the source of the property

pls contact with details

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Answered on 8/27/07, 2:36 am


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