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How to file a suit for declaration and partition
15-May-2023 (In Civil Law)
There was oral partition of agricultural land and vacate plots betn my father and his four brothers,almost in the year1981(Hindu Religion).Since that time everyone is individually cultivating their own share. Now after almost 35 yrs gone 2 of my uncle demanding some part of Vacate plot which falls to my fathers share and the 7/12 extract is also in the name of my father alone.Saying the plot which comes to my fathers share is more in measurement than the plot they got. In the year 1981 the plot they have choose is in prime location and the plot comes to my fathers share is outskirts of village.They had filed case for Suit partition which they lost in last year. Now my they reappealed in the district court. Their intention is total harassment of my father.As my father has to travel from Mumbai to Belgaum to attend the case.How much time will it take for the judgement in district court.If again the decision is in our favour can we put case against my uncle for compensation and harasement
Sir,
We cant say how long the case will run. If there is a speedup by both the parties to meets the ends of justice, then it will end early. As you told the partition took place in the year 1981 and after lapse of 35 years, they are claiming. I hope there is long delay in seeking partition or re questioning the partition question.
Another thing is that it is the appeal,. I hope party appearance is not require as much as in the trial part. Here only the question of law will be discussed. Better you ask your advocate for appearance of your father in every date.
We cant say how long the case will run. If there is a speedup by both the parties to meets the ends of justice, then it will end early. As you told the partition took place in the year 1981 and after lapse of 35 years, they are claiming. I hope there is long delay in seeking partition or re questioning the partition question.
Another thing is that it is the appeal,. I hope party appearance is not require as much as in the trial part. Here only the question of law will be discussed. Better you ask your advocate for appearance of your father in every date.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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