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Author Topic: procss of partition - after final decree  (Read 70 times)

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Offline Premsundar prasad

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procss of partition - after final decree
« on: February 06, 2018, 05:04:30 AM »
sir,
in reality and practicality,in a partition suit,what exactly happens after a final decree is received.
please confirm if the below are true
1, courts sends notice to respective revenue offiec to registr each share of the property. but will this be part of the execution proceedings that decree holder files or a procedure that court takes after  judgement is issued( and say, no appeal was made")
2. for point 1),given the lethargic nature of sub registrar offices, will they respond to court notice immediatley and regiser the partition or wil they file any appeal on their side?
3. if the property has land with buildlings, is it true that physical partition is not possible and court will ask to auction and sale it?
4. how exactly does a court decide between physical partition vs sale of property by auction and distribute the proceedings

Offline kalaskarkk

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Re: procss of partition - after final decree
« Reply #1 on: February 13, 2018, 12:53:12 AM »
Dear Sir,

My answers are as follows:

1, courts sends notice to respective revenue offiec to registr each share of the property. but will this be part of the execution proceedings that decree holder files or a procedure that court takes after  judgement is issued( and say, no appeal was made")
Ans: It will executed by the concerned revenue officer to the Court which may be accepted by the Court if both the parties accepts such partition made by the revenue officer.

2. for point 1),given the lethargic nature of sub registrar offices, will they respond to court notice immediatley and regiser the partition or wil they file any appeal on their side?
Ans: Court will appoint a Court Commission and get your partition deed registered immediately, on your application.

3. if the property has land with buildlings, is it true that physical partition is not possible and court will ask to auction and sale it?
Ans: First option will be to parties to the suit to purchase the property otherwise Court may put it to public auction as it is impossible to effect partition physically.

4. how exactly does a court decide between physical partition vs sale of property by auction and distribute the proceedings
Ans: The amount received on sale of property will be distributed among the sharers as per the decree.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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