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Partition Suit
Question
My father is in legal possession of properties 1. A rented shop which he got from my grandfather later on purchased it from the builder on my mother’s name. 2. About 6000 sq ft in two plots which he got from my grand father and 3. Another 3000 sa ft after title suit from purchase of uncle’ s share.
I am living in the house with my family built on land inherited by my father while earning jointly in the shop he got from my grand father.Some circumstances forces me to pull my self out of that shop 15 years back. I and my family were doing my duty till 2020 tiwari my parents. But after that I am not looking after my parents. My father is not fair to me he wants to transfer valuable assets to my elder brother , he never supported me in my livelihood after I left his shop and always tried to shatter me financially and socially by defaming me. My mother is on his footprint despite all the care I did because of her despite strained relationship with my father. My father is the most cunning person I have ever seen in my life. Want to safe guard my interest by filing partition suit so that he can’t transfer or will property with cakes in favour of elder brother and plate to me. Guide me
Answer ( 1 )
File a partition suit stating that the properties purchased by the father are ancestral in nature and therefore the same be partitioned in equal shares. Along with that an application seeking injunction can also be filed requesting the court to grant injunction from selling or creating any third party rights in the suit property. in such a case, then the father will not be able to make any kind of testament.