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Rules related to partition after mutation


19-Aug-2023 (In Property Law)
We have Family House and it's on our Great Grand Father's name. He had two children my grandfather and his brother. Later he got married again after the death of our Great Grandmother, from her he had one son who is our step Grandfather. This house was built by my Grandfather but he never transferred it to his name but earlier Mutation (Dakhil Kharij) was on all three GrandFathers and recently same mutation was done for three Family Heads (My Father and Other uncles). My First question is that as Mutation is done between three Family Heads then whether the partition will be performed in three parts equally or two equally then from one half it will be divided to Heads from single mother ? The second question, other families are not ready for Partition. What is the way to initiate and close the process at the earliest?
Answers (1)

Answer #1
739 votes
On the above-mentioned query for the first question the answer is that the partition is initiated in two equal parts. That is two brothers from one mother with the blood relation got half part of the property. And from the second wife , the son got second half share of the property.
The answer for the second question is if the other family members are not ready for the partition , after several years it is very serious problem for the upcoming generations. You have to talk for partition to the family members seriously or file a suit for partition immediately .

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