Querist :
Anonymous
(Querist) 09 February 2011
This query is : Resolved
My father-in-law died six years ago. His elder n yngr brother alive. The ancestral's landed property which is in the name of his father and mother is not yet partitioned coz his two brothers dont want to distribute the same due to their selfishness and delayed unnecessarily.
Now I want to know the process of partition so that my brother-in-law get the 1/3 share of inherited ancestral landed property. In case his uncle will deny to distribute, what action should be taken against their decision as per court of law and how much time it needed to settle the matter aproximately in darbhanga disstt of Bihar. Is it possible to file the suit by any advocate on behalf of my wife directly before Hon'ble Supreme Court of India as we live here.
Kirti Kar Tripathi
(Expert) 09 February 2011
our brother=in-law can file partition suit. no time limit can be estimated. it will depend on circumstances arise durings the course of proceedings.
Advocate Bhartesh goyal
(Expert) 09 February 2011
your brother in law should ask to his uncle for partition of ancestral property and if his uncle denies the partition of property by meets and bounds then he should file a suit for partition under the jurisdiction of court where the property situates.the suit for partition can not be filed directly in supreme court.
Uma parameswaran
(Expert) 09 February 2011
Jurisdiction shall be determine as per the value and the place .Your wife or Brother inLaw can send a legal notice to the other legal heirs and according to the reply you can take the matter before the Civil Court.
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