Nagaraja N (Facility Manager) 09 May 2012

Will i win in civil suit

Hi,

Good morning, Greetings for the Day!!!!!!!!!!!,

I am the family member in Bangalore rural district.

after my grand father's death in 1981, (there was a verbal partion in 1975-76 which my grand father done and separated each families. in the year 1981 my father and cousin reached Taluk Tahsildar and made particular extent for each others names, as my father was elder and took non productive land after my cousin selected while partition done by panchayath members. more extent in all survey nos fallen to my father's account. my father expired in the year of 2008 Jan 30th. after my father's death my cousin(my father's own brother) sued us myself, my brother and my sister. in Civil court for re partition and stated his brother made entries in competant authorities (taluk office revenue records). presently suit is there in the stage of IA's orguments by both side advocates.

is my cousin's plea is correct

is any laww is there for re partition after 30+ years of original Revenue records done in competant authorities

is there is any particular law there is there to defence my cousin's plea

is any law is there which will help us to win in the suit.

please support me by givign details.

Thanks and regards,

Nagaraj

9900583932

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1 Replies

D.L.PRASAD (ADVOCATE) 09 May 2012

dear nagarj

it would have been better if u had postd the plaint and ur written statement. .in the absence of the same my answer is that in view of the amendment to Hindu succession act 2004 , the courts recognise or honour , partition evidenced thro' a regd deed or a partiiton thro' a court decree. since partiiton referred to is an oral partiiton it may be difficult to estalblish oral partition.