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Author Topic: PARTITION CASE  (Read 322 times)

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Offline pratheek1

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PARTITION CASE
« on: April 05, 2016, 12:28:19 AM »
Nanjappa had around 10 acres of dry land as ancestral property. Lalitha, his wife had 2 acres 19 gunta irrigated land as her self acquired property. Both of them have passed away long back. Both the properties were transferred to their single heir Manjunath. Along with these two properties, Manjunath has 24 gunta land and one 60x40 site in his name as self acquired property. Padma, wife of Manjunath had 2 acres as her self acquired property. Padma passed away in 2001, Manjunath passed away in 2015.
manjunath and padma have 3 daughters and 3 sons. Both have not written any WILL. All the properties are registered, No allegations and have proper documents.
Now all the properties are to be shared among these 6 heirs. I(son) am one of the 6 heirs. I have the following doubts.
1> Will the female heirs get any share in the property which is in Padma's name as she has passed away before 2005.
2> Whats the legal procedure (pls explain step by step) to divide the property among the heirs and register it individually.
3> All the other 5 heirs are enjoying these properties and i am not getting revenue from any of these. They are not co operative and are not ready to give my share. How to procure    my share without going to court
4> How long does it take to carry out partition in court
5> can i get stay order from court to prevent them enjoying these properties without sharing revenue.

Offline adv.amarnath

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Re: PARTITION CASE
« Reply #1 on: April 10, 2016, 02:40:08 AM »
1> Will the female heirs get any share in the property which is in Padma's name as she has passed away before 2005.
Yes.

2> Whats the legal procedure (pls explain step by step) to divide the property among the heirs and register it individually.
Partition Deed

3> All the other 5 heirs are enjoying these properties and i am not getting revenue from any of these. They are not co operative and are not ready to give my share. How to procure    my share without going to court
Filing Partition Suit.

4> How long does it take to carry out partition in court
Varies from court to court as well as lawyer to lawyer

5> can i get stay order from court to prevent them enjoying these properties without sharing revenue.
No you cannot prevent them from enjoying the property as they are in possession but you can get an injunction order for revenue.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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