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Procedure for filing the partition suit in case of wrong division


13-Dec-2023 (In Civil Law)
We are staying in our my mother's family. The property belongs to my grand mother & her elder sister.our great grand father's monument is situated near by my home.grand mother' mother written the deed mentioned that the property should be used for the rituals for the monuments. But there are no rituals is conducting there.grand mother's eldest sisters died. We have given half of the property to monument. My grand mother was staying in the home after her death my mother and our family is staying in the home (around 70 years) the possession of the property is in our hand.my mother has one elder sister after her death her daughter demanding half of the property. After her request we allotted her share.but now she is not accepting to register the property to my mother. Can we file a case in court for partition suit or can you suggest any other option to register the property to my mother.the property is in our possession. Please suggest.
Answers (3)

Answer #1
618 votes
You can file a suit for partition of the property before the proper court.
From your explanations I could not get some idea. You said that you have allotted a share ..Without registering a partition deed how can it possible I didnot get.
A partition suit will lie even after a wrong partition.
People also ask

What is the latest Judgement on partition suit?

The Supreme Court of India ruled in a landmark decision that every party interested is considered a plaintiff in a lawsuit for the partition of joint property. Each co-sharer is entitled to bring a suit for partition and no co-sharer may prevent the other from doing so. 10-Oct-2023

Can we challenge partition suit?

The petitioners primary argument against the order of trial court is that a decree for partition was issued, a preliminary decree passed and also a final decree. Therefore, there was no need to file the suit again. According to the plaint allegations itself, the case was settled.

What is the limitation of partition suit?

The Limitation Act states that a partition suit must be filed within 12 years of the date the plaintiff claimed the property. For ancestral properties, the limitation period for partition suits is also 12 years.

What is the burden of proof in a partition suit?

The burden of proof falls on the person who claims property as family joint property. When a male heir files a suit for partition, the right of female heirs is triggered. The party claiming Benami must prove it.

  
Answer #2
957 votes
Hai.
Hope tat u r hindus and the hindu succession rights comes to effect in ur case. If all the parties for effective partition are not participating the only remedy is to file a partition suit. Please bare in mind tat partition cases are the most delayed civil cases and takes years of law war to settle them. Do contact a civil lawyer f ur property jurisdiction

Answer #3
527 votes
The facts posted are not easy to comprehend unless mutually disussed.. .....

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