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Family Property Partioning Case
29-Jul-2023 (In Property Law)
My father has three properties in joint name with his elder brother out of which my father is holding only one while his brother is holding the rest two properties. If my father files a partition case against his elder brother on these three properties then approximately how much time it would take by the court to sort this issue and in the meanwhile is there any option that these three properties could be sealed by the court order as they become disputed properties during the case.
on the above mentioned query firstly your father talk to his brother for partition of the property by mutual consent , in a legal language the partition by mutual consent means Bahami Batwara. if your uncle not agree for the partition by mutual consent then your father can file partition suit regarding whole property against his brother . in a partition suit the main content is that the given three properties in the joint name . after the filing of this suit when the case is on admission stage the court fixed first date after admission of the case approximate 90 days in the meantime the notices served and the opposite party filed his objections . after the service of the notice there is a prescribed period of 90 days for filing of objections by the opposite party in Civil Procedure Code . the opposite party field for filing objections within the prescribed period then the case is in expert e proceedings by the order of the court . thereafter on the evidence stage your father submit his evidence of proof and the statement taken by the Court . thereafter the final arguments will be done by the Counsel of your father and the judgement is in your favour .
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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A court commission has to be issued by the court, to inspect and ascertain the factual position of the disputed property, but this can only be done once you file an application for appointment of court commissioner in the partition suit.
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Adv. Nirmit Srivastav
Lucknow | 50+ Answers
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