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How to file a case for division of property


22-Sep-2023 (In Property Law)
My que is that to file a case in court for our share inproperty...does we hv to send legal notice first or direct can we file a petition in lower court....n after file a case for property share ....my bro who lives in my moms house for wich we r filing a case....can he start a construction on that house withoutt our permission ....after filing a case...
Answers (4)

Answer #1
704 votes
Dear Sir, You have to give a legal notice to all the parties who are likely to become or claim share holding in the property. It will be better to get in touch a suitable advocate to prepare complete paper plan and then give notice and then file case for partition of property.
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Answer #2
567 votes
First of all you need to file a probate and get order from court that you have interest vested in your moms property(in case if your mom is no more). THEN
File a partition suit in the court of relevant jurisdiction all together (legal interest holders in that entire property)in order to decide part of the share in that concerned property. If any person is not co-operating then court will summon him/her for that purpose.
And about the construction - if any matter is pending before the court, you can raise objection.

FOR DEEP & FURTHER CONSULTATION CONTACT ME THROUGH THE SERVICES OF THIS WEBSITE.

However, it can be also done arranging family settlement - without going court.

Answer #3
541 votes
If we are filing a case then in that case we will stay the property that untill the final disposal of the case no type of construction or anything should be done .
We can directly file the case and also through legal notice
Answer #4
91 votes
Send a copy of your complaint both to the magistrate as well as the SP. You can also file a civil case. A property lawyer can file the case for you and go to court to resolve the dispute.
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