Legal Question in Civil Litigation in India

A family consist of father,mother,two son�s(married).1st son expired.Now the 2nd son and his father, mother has filed the petation against wife of 1st son for partition of property declaring as undivided family.

1)6 acers (agricultular land)in the name of father.

2)9 acres (agricultular land)in the name of 1st son.

3)4 acres (agricultular land)in the name of wife of 1st son.

4)16 acres (agricultular land)in the name of 2nd son.

5)0.5 acres (plot)in the name of 2nd son.

6)Jcb,tractor with trailor,in the name of 1st son.

7)50 lakh�s in government authoritie�s due to business done by 1st son.

8)2nd son has not reveled any details of his business.instead he is showing the amount of 1 crore to be given to relatives or public(almost 15 persons),indicating the amount borrowed for business by the undivided family.but most of amount borrowed in the name of 2nd son only. But 1st son borrowed only from two members which is true.most of amount indicated by 2nd son is on false ground(indicating borrowed from relatives).

9) 1st son has declared in incom tax form3cb as individual,no partnership,not borrowed any money from out siders.

Now how does the court confirms that the family is undivided.on what basis it divides the property,amount,amount which is to be given to public


Asked on 8/18/12, 6:05 am

1 Answer from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

approach a local lawyer

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Answered on 9/11/12, 4:04 am


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