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Need information regarding partition suit


14-Jun-2023 (In Property Law)
My grandfather died in 1960, and made an oral partition between his two sons before his death. Before the enforcement of oral partition, my father (his younger son) died leaving behind his wife and 3 children. Immediately after the death of my father, his elder brother refused to part way his share in the ancestral property. He claimed that since the largest chunk of land was on his name through patta hence there is no share of his younger on that. I have following questions; 1) is oral partition valid? Since I do not have any proof of the same. 2) My father's elder brother was only 7 years of age when he got patta land on his name. Being a minor is that possible? 3) Does my father has an equal share in patta lan 4) I have filled for a partition suit in a court of law. During the pendency of judgement, my grandmother made a gift of deed in favor of my cousins. Is it valid? 5) Can I make a request refraining defendants from making further gift of deed and sale of land Regards Manoj
Answers (4)

Answer #1
831 votes
Ex-party decree means a decree passed in the absence of opposite party. In other party, in civil suit, if the other party is not coming to the court even after serving the notice, then the respective court may grant a decree in his/her absence. This is called Ex-Party Decree. You can challenge the ex-party decree by way of filing a petition in the respective court, if you are not satisfied with it.
Answer #2
724 votes
It's ex parte decree means a decree passed if the other party has not appeared in a case despite several notice and a decree has been passed. If such decree has been passed the aggrieved party has to give a recall petition to recall the order and hear him also.
Answer #3
536 votes
You can file an appeal against ex partee judgement and decree it can be filed if you have not received proper notice from otjer side you have to prove that you are not aware with the same and the present order is passed without hearing your side
Answer #4
594 votes
Under the provisions of Transfer of Property Act , during the pendency of Suit, transfer is barred except some on special circumstances and reasons. Please contact your local Civil Advocate or in my office with all connected documents.

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