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How will court divide the property amongst brothers ?
11-Dec-2023 (In Property Law)
we are four brothers and our fathers property was not bifurcated after death of my both parents. so my third brother issued us a summon and notice from court to bifurcate properties by court and no one of our three brothers replied to that notice and the court paseed a decree. now how much time the court will take to bifurcate the properties and which method is used to bifurcate the properties.
Your brother filed suit for partition against three bothers. The court passed and ex parte preliminary decree. In preliminary degree court only declare the rights over suit schedule property. Generally decree coming in to force from from date of decree. Decree holder again has to file for passing final Decree. The court appoint a commissioner to verity the property and divide the property with the help of revenue inspector. After receiving Advocate commission report the will pass final Decree. For recovery again he will file Execution application for recovery. It is very difficult say how much time taken. It totally depends on court.
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that mere decree of partition wont effect bifurcation you need to file a petition under the partition act 1867 seeking to divided the property as per the act and if the property is not divisable then it would take next steps
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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