Partition suit

Querist : Anonymous (Querist) 10 December 2020 This query is : Resolved
Respectable Sir(s),

I filed partition suit in civil court for claiming share in the property . Since for the last 23 Years I am fighting litigation with my blood relative and have succeeded in getting my share in the property. My civil case has travelled from civil court to High Court and lastly Supreme Court. I got preliminary decree in the trial court which was confirmed by High Court and finally the Supreme Court of India. As a bonus to me, my relatives have adopted all the cunning tricks to get the property by subjecting me to criminal intimidation and filing forgery case against me putting me behind bars. I have successfully fought with them. Inspite of my fighting tooth and nail their position is adamant and they do not want to come to court for partition and wants to remain occupied on the property by prolonging the civil case indefinitely on one pretext or the other. It is going on and on. I tried my best to persuade them to compromise but was not fruitful. They want the complete land without giving benefit to me. If I ask them money for my share property they do not want to pay they want it without paying. They claim it is their property their grandfather and grand mother property. They have not shown property documents for their claim nor they deposited any documents for verification purpose in court . Some forged documents filed by them have been dismissed by the court.

When i have approached for third party interference in the litigation they have told continuous 30 years above litigation is considered null and void and person who is in possession becomes rightful owner. I am worried for my preliminary decree in partition suit. Whether my decree becomes null and void. Please advise me, at this stage can i dispose of my share in the property to third party. I am in need of money and I lost everything and cannot have money to engage advocate and fight for never ending case. I would be grateful for your advise and suggestions.

Thanking you,

M.Satyanarayana

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Quick Summary

This discussion concerns a partition suit where the user has successfully obtained a preliminary decree for their property share after 23 years of litigation, confirmed by the High Court and Supreme Court. Despite facing criminal intimidation and forgery cases from relatives, the user is worried about the decree becoming void due to prolonged occupation by relatives and a claim of adverse possession. The advice received clarifies that continuous litigation prevents adverse possession, and the user should proceed with filing for a final decree and executing the existing one to secure their rightful share.

PARDEEP KUMAR (Expert) 11 December 2020
On top you made a query as anonymous and at bottom mentioned your name. Anyhow, so far as 30 years of theirs in possession is concerned, there being a continuous litigation, it won't fall within the definition of 'adverse possession' so there is nothing to worry. No need to compromise, file execution and get your decree executed through Court.

Advocate Bhartesh goyal (Expert) 11 December 2020
You have obtained the preliminary decree from trial court and which has been confirmed by H.C and S.C,third parties long possession over property does not mean that he has acquired ownership of property by adverse possession.File petition for final decree and then execute the same.

P. Venu (Expert) 11 December 2020
You are too much relying on assumptions and presumptions based on unintelligent and ill-informed opinions. Once the preliminary decree is issued, you need to take steps towards the final decree. There could be no case or claim based on adverse possession by any of the joint-holders.

Rajendra K Goyal (Expert) 12 December 2020
Well advised, agree with the expert Advocate Bhartesh goyal.

Rajendra K Goyal (Expert) 12 December 2020
Repeated query:

https://www.lawyersclubindia.com/experts/partition-suit-725371.asp

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