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Author Topic: Property partition  (Read 1155 times)

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Offline sparamel

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Property partition
« on: January 25, 2016, 11:30:07 AM »
My father built a house 35 years ago. He died 15 years ago. I am his youngest son(married, 1 daughter) and I have two elder brothers. My eldest brother died 6 months ago. His wife and son (12 years) is staying in that house. My other brother (married, 1 son) and I want to have this house (and the enclosing land) to be partitioned. But, my eldest brother's wife who is staying in that house refuses to move out and says that she will not allow partition till her son is 18 years of age. My brother and I don't have the title deed of the house. It is with the eldest brother's wife. My brother and I are in some bad financial state. Having the property partitioned will really help us.

Can we approach the court to settle this? Can my sister-in-law refuse to move out? What does the law state about the partition?

Awaiting a quick reply.


Offline advbanani

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Re: Property partition
« Reply #1 on: January 25, 2016, 08:39:09 PM »
You can file for partition of property.
This property  belongs to three brothers in equal proportion.
Adv.Banani Mukherjee"
Jodhpur High Court
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Offline Advocate M.Bhadra

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Re: Property partition
« Reply #2 on: January 25, 2016, 09:06:12 PM »
First you should collect the certified copy of some documents as Title Deed from the Sub-registrar office, holding/tax receipt from the local Municipality/Panchayat and revenue record from the Land Revenue office. After collecting these documents you can file a suit for Partition and Injunction in Civil Court where the property is situated.

M.Bhadra,advocate at Kolkata,9836589246

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Re: Property partition
« Reply #2 on: January 25, 2016, 09:06:12 PM »


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