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Can suit for partition is maintainable in leasehold property?
28-Aug-2023 (In Civil Law)
Plaintiff filed a suit for partition against the defendants (legal heirs). Only one defendant is residing in suit property since 20 years and other legal heirs (plaintiff and other remaining defendants) are residing at their other premises. The suit property has no absolute owner as he (father of the plaintiff & defendant) was expired in 2000 year. So, if absolute owner is not present and the property is not freehold then owner would be DDA then how can it be possible to partitioned the property when the actual owner is not alive. And if it possible then please tell me how can defendants defend their case? Please give me best knowledge. I'm waiting for your reply.
first you want to see weather property belongs to father or father to father it means you have to see hierarchy of thr property..if propery is self acquired of father thn can be partitioned
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Adv. Roshni Sundriyal
Delhi | 25+ Answers
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Hello I have perused your query.
in these circumstances - As per the new DDA guidelines, a leasehold property in Delhi can be converted to freehold by paying a surcharge and conversion charges applicable on the date of application.
Further, more information regarding the partition suit is required in order to advise appropriately.
For any further information feel free to reach out to us.
in these circumstances - As per the new DDA guidelines, a leasehold property in Delhi can be converted to freehold by paying a surcharge and conversion charges applicable on the date of application.
Further, more information regarding the partition suit is required in order to advise appropriately.
For any further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 200+ Answers
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The answer to your query as to, whether a suit for partition is maintainable in the leasehold property. The undisputed answer to it is, YES. which has been settled by the Hon'ble High Court of Delhi in Madan Lal Vs. Kuldeep Kumar MANU/DE/4039/2013, which states that the property on leasehold and on the basis of government policilies also can be partitioned.
However, it is dependent on case to case, so, an effective defence can also be made out to defend your case after considering the facts and circumstances of your case.
However, it is dependent on case to case, so, an effective defence can also be made out to defend your case after considering the facts and circumstances of your case.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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