Legal Question in Real Estate Law in India
sir for appplying partition suit under huf porperty do i need property documents of our family bec how much is thier property i dont know iam the elder son like step father nd mother to me they have taken me in some temple when i was a child nd is there any need of ration card to put a case in family court nd pls kindly guide me wat all documents i need to put a partition suit in court nd whther i have right to put a case againest them bec iam not thier own son but all the things go like own son still now bec of society pressure
3 Answers from Attorneys
You need to first ascertain, determine and make a list of all the properties belonging to the HUF. As the eldest living member of the HUF, though you may not be a blood related son, you should act as a caretaker on behalf of all the other members and perform your duty.
You can conveniently do and sort out matters without Court intervention by taking all the HUF members into confidence and documenting the process of regular meetings that you hold to discuss the family partition. A lot of clarity will come to the forefront about the views and expectations of all other HUF members. If you are denied a share in the partition, ask members that you be paid a 3% caretaker fee for sorting out the partition process. This fee can be paid out to you from the proceeds of the partition. All other legal consultation fees can also be paid out from the proceeds of partition.
Don't be bogged down by Society pressures : "Kaam he Karma Hai" - Work is Worship.
Signed minutes of meetings by all meetings of HUF members will become legally binding on them later in the Court of Law.
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you may seek partition of the property by metes and bounds and even in case you are not aware of the details of property, you may serve interrogatories to other co sharers.
For filing a suit, be guided by your lawyer.