partition of joint property
Sir/Madam,
I have a family property consisted of a spacious and big house and a factory; situated in modinagar,which is in U.P, India.
Earlier we used to stay in that house jointly with my father’s elder brother(My real uncle)and his wife and his three sons.My father and my uncle used to work in that factory and carried our family business jointly,But after the death of ma real uncle,there arise some very unbearable disputes as between the two families.
Consequently,due to such unbearable disputes, my parents had to forcefully leave the house as well as other property, and they shifted to New Delhi, where i was living with my relatives and was studying in Delhi university.I have one elder and one younger sister,and at that time my elder sister was also doing her P.H.D from new delhi.
my parents left the house and factory way back, almost 10 years ago.since my father had promised his elder brother,for he will keep the Ancestoral property undivided and will take care of it.but due to the change circumstances, they came to Delhi..,leaving all the property and everything there only and came to delhi with empty hands.., and thus my sister and i had to quit our studies, since we do not have any money to pay our fees and thus my sister started too work in some BPO and so do i.
now,since we are left with no property and no money to live our lives properly,and its my elder sister only,who is working and earning in the family..,and i have decided to study further rather than keeping myself to ordinary employment in some ordinary BPO’s where there is no scope for future,therefore i need money to persue the course of “pilot training” from “Chimes Aviation Academy” WHICH IS SITUATED IN m.p ,and i had applied for the candidiature in that academy and now i am the enrolled student of that academy,i even have the written selection letter in my name from that academy.but,the problem is that i need money to pay my fees, which is 26 lacs. for the whole course,which is of almost 11 months duration.
so i now desire to have partition of that joint family property.both, my father and my uncle’s wife agreed on this,and my uncle’s wife requested us to opt for the factory and they will opt for the house,since they are already living in that house,and they have promised to pay the amount(in rupees) of difference as between the value of the two properties.
BUT SIR,if i opt for factory,then it will not be sufficient for paying off my course fees,which is 26 lacs.., since the value of factory is less than 26 lacs. so i thought of taking some loan and decided to arrange the rest of the amount by some way or the other,but before opting for factory ,i need to clarify that the banking formalities does not refuse to lend me a loan on that factory due any kind of reason,for that i had a word with the bank manager of one of the bank in Modinagar,and he said that before lending me a loan,they would be organizing an inspection as per the “banking formalities” for testifying that whether the property is appropriate for loan facilities,but my aunty is not giving me the keys of the factory, and sir, moreover i am not sure for whether they will pay me the difference as between the value of factory and the house.
sir, actually we are living in quiet poor condition,since we are 5 members in the family and my sister is the only earning hand, so i am not in the condition of filing a suit in some civil court,since i need the money in near future for persuing my course..,further i neither have the time, nor have the money to pay-off court fees and fees for hiring a lawyer. moreoverif i file a suit for partition, i think, i might end up waiting for next many years,since there are 1000’s and lacs. of cases already pending in the indian civil courts.
Sir, i am in a great need of some appropriate,good and suitable help and suggestion. further ,please let me know the approximate fees of a lawyer per sitting or in whatever format they charge the fees,if in case i file a suit for partition and please tell me the procedure for filing the suit for partition of this property.
i would eagerly wait for your reply sir.
Thanking you,
Yours Sincerely,
pallavi
1 Reply
[quote=“Anonymous” post=3954]Sir/Madam,
(PLEASE PROVIDE THE FEEDBACK TO THIS PROBLEM ON MY EMAIL ID: (//vipul_du[at-the-rate-of]hotmail[dot]com)I) have a family property consisted of a spacious and big house and a factory; situated in modinagar,which is in U.P, India.
Earlier we used to stay in that house jointly with my father’s elder brother(My real uncle)and his wife and his three sons.My father and my uncle used to work in that factory and carried our family business jointly,But after the death of ma real uncle,there arise some very unbearable disputes as between the two families.
Consequently,due to such unbearable disputes, my parents had to forcefully leave the house as well as other property, and they shifted to New Delhi, where i was living with my relatives and was studying in Delhi university.I have one elder and one younger sister,and at that time my elder sister was also doing her P.H.D from new delhi.
my parents left the house and factory way back, almost 10 years ago.since my father had promised his elder brother,for he will keep the Ancestoral property undivided and will take care of it.but due to the change circumstances, they came to Delhi..,leaving all the property and everything there only and came to delhi with empty hands.., and thus my sister and i had to quit our studies, since we do not have any money to pay our fees and thus my sister started too work in some BPO and so do i.
now,since we are left with no property and no money to live our lives properly,and its my elder sister only,who is working and earning in the family..,and i have decided to study further rather than keeping myself to ordinary employment in some ordinary BPO’s where there is no scope for future,therefore i need money to persue the course of “pilot training” from “Chimes Aviation Academy” WHICH IS SITUATED IN m.p ,and i had applied for the candidiature in that academy and now i am the enrolled student of that academy,i even have the written selection letter in my name from that academy.but,the problem is that i need money to pay my fees, which is 26 lacs. for the whole course,which is of almost 11 months duration.
so i now desire to have partition of that joint family property.both, my father and my uncle’s wife agreed on this,and my uncle’s wife requested us to opt for the factory and they will opt for the house,since they are already living in that house,and they have promised to pay the amount(in rupees) of difference as between the value of the two properties.
BUT SIR,if i opt for factory,then it will not be sufficient for paying off my course fees,which is 26 lacs.., since the value of factory is less than 26 lacs. so i thought of taking some loan and decided to arrange the rest of the amount by some way or the other,but before opting for factory ,i need to clarify that the banking formalities does not refuse to lend me a loan on that factory due any kind of reason,for that i had a word with the bank manager of one of the bank in Modinagar,and he said that before lending me a loan,they would be organizing an inspection as per the “banking formalities” for testifying that whether the property is appropriate for loan facilities,but my aunty is not giving me the keys of the factory, and sir, moreover i am not sure for whether they will pay me the difference as between the value of factory and the house.
sir, actually we are living in quiet poor condition,since we are 5 members in the family and my sister is the only earning hand, so i am not in the condition of filing a suit in some civil court,since i need the money in near future for persuing my course..,further i neither have the time, nor have the money to pay-off court fees and fees for hiring a lawyer. moreoverif i file a suit for partition, i think, i might end up waiting for next many years,since there are 1000’s and lacs. of cases already pending in the indian civil courts.
Sir, i am in a great need of some appropriate,good and suitable help and suggestion. further ,please let me know the approximate fees of a lawyer per sitting or in whatever format they charge the fees,if in case i file a suit for partition and please tell me the procedure for filing the suit for partition of this property.
i would eagerly wait for your reply sir.
Thanking you,
Yours Sincerely,
pallavi[/quote]