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If we disagree then does the court consider it as contempt of court
31-Aug-2023 (In Property Law)
My dad filed a suit in court of law for division of property. This property is in a state of plot as of now. The hearing in court by judge suggested as to divide the property in equal proportion. My father owns 1/3rd share of the property. Now, this property has only 18 feet front and according to 1/3rd share he is entitled only to 6 feet front which will not be beneficial for us. Can judge enforce us to take 6 feet front and divide the share or we can disagree to court suggestion/decision ? We are not sure if we disagree then court will consider this as contempt of court or will give us other
If the judge has given you any suggestion, you are not bound by that suggestion. No contempt proceeding will be initiated against you. So don't worry, just inform the court that the said suggestion is bot acceptable to you. Court will decide the case as its merit. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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As per your question your dad would have filed a Suit For Partition, hence it is undivided share so all legal heirs fall into equilent shares proportions. Therefore you have not defined how your dad falls into 1/3 share, is it that your father and your uncles are three brother''s???Going by that aspect yes your father has 1/3 share..So yes if it's divided as per partition suit then 3rd share of 18 is 6th share...This is not a stringent rule,therefore that 6feet your father can be anywhere in the plot,besides that why don't you work a family settlement deed along with other legal heirs..That would be more beneficial.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Disagreement with the order does not amount to contempt if you file an appeal against the order .if order has been passed based on settlement by the parties then no appeal lie and in that situation non compliance of order amounts to contempt of court.
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Adv. S P Srivastava
Delhi | 200+ Answers
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