Hi Sir, My name is Madhu, We are 7 people in a family where 4 of them are Male and 3 are Female, everyone got married long back and I(Female) got married in 1984. The Property belongs to my grandfather who is Father to my father. Unfortunately my Father died in 1988 and my Mother never settled the property among us , and last 2 years back in 2019 she has gifted the 75% property to my brothers without informing us and she kept the remaining 25% on her name. Again Unfortunately my mother expired in 2019. Thanks in Advance. Hoping your reply Now my question is 1) Will I get my 1/7th share of the property? 2) Do we need to apply for Cancellation of gift deeds through court which was given to my brothers? 3) Generally how long does it take to get my share If I file a Partition Suite? 4) What is the court fees in Hyderabad for Agriculture land at Chandanvelly village? 4) What will be the Lawyer fees(I know it depends on Lawyer to lawyer, but wanted to know in general terms) 5) How the land will be divided among us if divided through court(Which land area will I get, either in the starting or middle or last) as I am the eldest among all.
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You have to file suit to set aside register gift deed by mother as she did not ha e 75 per cent share in property
2) partition suit takes over 10 years to be disposed of
3) court fees is state subject and varies from state to state
4) legal fees vary depending upon lawyer engaged by you
5) court would appoint commissioner for division of land
Thank you so much for your prompt reply Sir. Is it possible to cancel a partition suit if they are ready to settle down the issue later on? And what need to be aware of if I cancel the partition suit. I mean 1) Will I get the refund of Court Fee If cancelled 2) Before Cancelling the suite do I need to make a agreement document that the issue is getting resolved between family member's 3) Will I get the amount I have spent in legal charges after winning the case from the defendants. I am talking about the Cost memo.
The property is ancestral and you had a share in the ancestral property. Your mother didn't give you your share and hence a suit for cancellation of gift deed must be filed. When did she start giving the property to your siblings??
Court fee etc. Depends upon the area of land.
The land parcel given to you would be determined by the court.
your grandfather then what about any other children to your grandfather other than your father.
Assuming that your father was the lone child of your grandfather and he inherited the entire property in the capacity of legal heir and died intestate then the property inherited by him shall devolve equally on all his 7 children and wife,
There is no question of the wife of the deceased to acquire entire property left behind by her deceased husband, who is reported to have died intestate, by herself and she has no rights to transfer 75% of property to her sons alone leaving behind her daughters.
You as a daughter are entitled to an equal share in the property at par with your male siblings.
2. You file a partition suit for dividing the entire properties equally by metes and bounds and can mention in the plant that transfer of some portion of properties by your deceased mother to your brothers are not valid and not binding on you, hence you seek partition and separate possession of your legitimate share in the property.
3. The time taken for disposal of partition suit by court cannot be predicted owing to various factors, it may take at least three to four years.
4. You know it depends on the lawyer you would engage, no more opinion toi that.
5. The court will decide about the partition and allotment of each share to each individual based on advocate commissioner report.
1. If others agree for a compromise settlement out of court, then you can file a memo for compromise settlement before court, so that the court will pass a judgment on the basis of the compromise settlement which cannot be challenged by anyone even in supreme court if someone do not cooperate at a later stage after agreeing to this judgment.
You have lot of opportunities to settle the issues amicably even after filing the suit.
On withdrawal of the suit the court would be refunded.
2. The above answer suits this question too. The procedures stated above may be followed in that circumstance.
3. The lawyer's fee cannot be refunded, but the court fee would be refunded if the suit is withdrawn
1. Yes you will get your share
2. Yes
3. It will take time but you can seek interim orders.
4. It varies.
5 you will get the share as per your position in family.
1. Depends on court order and stage of case
2. Yes consent terms before court.
3. It depends if court awards you cost depending on your case
You are always at liberty to arrive at an out of court settlement
you can file consent terms in court
you would get part refund of court fees
you would only be awarded nominal costs not actual expenses incurred by you
1. If the property in question was owned by your grandfather and he died intestate then on his demise the property devolved through intestate succession on all his children equally.
2. The share of your father in the property devolved further on his widow and all children including daughters equally.
3. You had a 1/8th share in the property.
4. Your mother could not gift beyond her own 1/8th share in the share of your father.
5. The remedy in your hands is to file a suit for partition with a declaration to declare the gift deeds as void. However, the bar of limitation may operate against you.
1. Suit can always be withdrawn at any stage if a compromise is arrived at between plaintiff and defendants.
2. If there is a consent decree passed then you will get the refund of court fee.
3. A compromise deed will have to be executed before withdrawal.
1) Yes, you will get the refund of Court Fee as per rules of state If settled/withdrawn
2) You filing suit to get something so until and unless you get it legally, case should not be withdrawn.
So Compromise deed is must so it takes legal shape.
But if properties are settled using gift/release deeds etc then it is not required.
3) You will get the amount but only after winning the case from the defendants.
It will be always nominal amount and not cost memo.
1. As per law, after the death of your father , his property would devolved upon all the legal heirs equally including your mother.
- Hence, your mother can transfer her 1/7 th share of the property , and you are entitled to get your share in the entire property left by your father.
2. That gift deed is not valid in the absence of release deed from other legal heirs, and it can be cancelled after filing a declaration suit .
3. You can file a suit for Declaration , Partition & Injunction before the court for getting share and to declare that gift deed invalid and to stop further transaction of the property.
- Period depend upon the burden of the court
4. If some of the portion in your use and occupation , then minimal court fee required at the time of filing the suit.
5. Yes, court will decide the dispute , however you can settle the matter before the court as well
Dear Ma'am,
1. on the death of your father you, your siblings, and your mother will get an equal share in the property. therefore, you will get 1/7th share of your property.
2. however, as per the facts you will have a file a suit to set aside the registered gift deed since 75% of the share is with her.
you can file a suit of partition and injunction for getting your share of the property, and a suit of declaration for setting aside the gift deed.
3. the time can go to 10 years for the suit to be disposed of. it depends on how the parties cooperate.
4. the court fees are minimal and depend on the lawyer you have chosen to deal with.
5. the court will appoint a commissioner who will decide the division of the land.
6. you can include relief of cost in the suit filed by you.
7. yes, you can cancel the suit and enter into an agreement stating the issue has been settled outside court.
Thank you
1. Since the property finally was inherited by your father, you are entitled to 1/8th of your deceased father's property considering that you are 7 siblings in the family and your mother was also there after your father's demise.. Your deceased mother also will inherit 1/8th of your deceased father's property. If your mother is included amongst the 7 persons in your family as mentioned by you, then all will inherit 1/7th of the said property.
2. You can file a partition suit claiming your share of the said property when your brother will place the saiod guft deed which you can challenge there.
3. It can not be foretold. In any case you shall have to file the partition suit. It might tale 2 to 4 years.
4. It depends on the value of the property. In West Bengal the highest court fee for partition suit is Rs. 50 K.
5. In Kolkata, a reasonably good lawyer will charge Rs.50,000/- for filing the Suit and Rs.5,000/- peer day towards appearance fee.
6. It will depend on the Court Commissioner who will be appointed by the Court for dividing the land. He will divide the land after considering value of each portion/side of the land.
1. It will be extremely difficult to get back the Court Fees after withdrawing the suit.
2. First get the partition deed registered and partitioned area mutated in your name after taking possession of it. Thereafter you can withdraw the suit filing an application annexing the copy of the partition deed registered.
3. You shall have to claim cost and damage in addition to the order for partition of the land in your prayer but such cost is hardly allowed by the Court.
1. It will be extremely difficult to get back the Court Fees after withdrawing the suit.
2. First get the partition deed registered and partitioned area mutated in your name after taking possession of it. Thereafter you can withdraw the suit filing an application annexing the copy of the partition deed registered.
3. You shall have to claim cost and damage in addition to the order for partition of the land in your prayer but such cost is hardly allowed by the Court.