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How to appoint a commission for partitioning the property
04-Jan-2023 (In Property Law)
I have my Father's Property in kochi and we have a court order to partition the property , My Father jointly with his brother has 5/6th share in the property and now he is not coming forward to request the court to appoint a commissions to measure the property . Can my Father alone appeal in the court to measure the property ? and what are the laws to follow to appoint a commission Or is there anything we need to follow legally to get this partitioned ?
Anybody who has a share in the property can approach the court for declaring the shares and for appointing a commissioner to partition the same. In that case your father will be the plaintiff and he has to state the names of all the other share holders as defendants. Then the court will pass a preliminary decree(order) determining the eligibility of shares by each person and appoint the commissioner. After getting the commission report, final decree will be passed.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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The query is short on facts and lacks clarity. It appears that a partition suit has been filed and a preliminary decree has been issued. If so, any of the parties can file the final decree application. Necessarily, the other parties would be the respondents.
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Adv. P Venu
Vaikom | 500+ Answers
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