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What is the procedure for filing a partition suit


20-Feb-2023 (In Civil Law)
Tapas We (me and my sister) are jointly substitute(after expunging of my father and mother) plaintiffs and already got expartee preliminary decree (jointly 1/4 th share) in the year 2013 ......commissioner appointment is already done according to preliminary decree in lower court.in the mean time one plaintiff(my sister) wants separate share and possession ......instead of joint share...... Is it possibe now.....pls help. from --kolkata
Answers (3)

Answer #1
616 votes
In the present matter it is not possible.
possible ways,
1) drop the case and go for a mutual partition by metes and bounds.
As case is pending mutual partition cannot be filed. Registration office.
Regards
Pritam Bhattacharjee
Answer #2
913 votes
Since your suit is pending for final decree no party to the suit can claim separate share beofre the final verdict is done. I am not sure why the suit is taking so long time to end. If you want my assistance in expediting the suit you may feel free to contact me.
Answer #3
772 votes
Hello,
Your query is not clear to me. I need more detailed facts to provide you with accurate legal advice. Your sister may ask for partition as she has share in the property. Please feel free to contact me with detailed fact which will enable me to give you accurate legal advice.

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