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Who all can claim their right in a property being partitioned
16-Apr-2023 (In Family Law)
Sir, We have taqseem of our land by the name of my father, which was distributed mutually among my father and my father's brother children and we all are happly enjoying this. But now one of our uncle (son of our grandfather's brother) filed a case against us that taqseem should be done again with land distributed equally. Can you please tell me that is there any chance that judge order to taqseem done again or not?
The case file has to be checked. The contents including the prayer of the petition of the petitioner made in the suit has to be checked before any reply given if the court make order for redistribution of the property. No proper reply can be given like this with regard to issue of distribution of the property.
Helpful?
you have not mentioned the state where your land is situated and what was the nature of land i.e agriculture land or non agri.
also you have not mentioned if it is self acquired, ancestral. and the status of your uncle i.e in what capacity has he filed a case to challange the partition (Taqseem)
but broadly the answer is if your uncle was a party to taqseem he cannot, if not and assuming your uncle is co-owner or co-sharer how was his share ascertained in his absence. in that case taqseem can be challenged.
also you have not mentioned if it is self acquired, ancestral. and the status of your uncle i.e in what capacity has he filed a case to challange the partition (Taqseem)
but broadly the answer is if your uncle was a party to taqseem he cannot, if not and assuming your uncle is co-owner or co-sharer how was his share ascertained in his absence. in that case taqseem can be challenged.
Helpful?
Adv. Pratik Duhan
Panipat | 100+ Answers
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