Clarification on partition and share in property.
09-Feb-2023 (In Property Law)
My father were 3 brothers two brothers died leaving behind two and one sons one of brother of my father's lives in village where property belong he has only one daughter beside partition made between family members for he is using my portion and not ready to give my share
If partition is already made then you can file a suit for delivery of possession and if not then you can file suit for partition. If you do this timely then nobody can take away your share. However, if you make inordinate delay then court will be unable to help you. Also, you should mutate the property in your name so that he cannot sell off anything.
You can file a partition suit before court of compitent jurisdiction by giving the pedegree of your family members and the judgment will be binding on parties if there are no any family settlement between parties.
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