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arvindkcs   17 July 2017

I'm a widow what is the legal procedure to file a partition suit to get my share property in india?

After my father’s death, his property transferred to his 5 children(3 sisters including me & 2 brothers). I’m the elder(55yrs old). What are the procedures to get my shared property? Partition suit or injection suit. Can anyone help me to know more about these two suits?(Partition suit or injection suit.) The property is in Odisha(Puri). If I go with both how much it can cost me and how much time it will take. Is there any specific law for widow mother?


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 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 July 2017

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. 

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arvindkcs   17 July 2017

Could you please tell me how much time it will take to settle a partition suit case? And how much it will cost me?

Siddharth Srivastava (Advocate)     17 July 2017

When your father has expired? Prior to 2005 Hindu daughters were not entitled to have share. Sent a legal notice and demand your share and then file suit for partition through advocate.

arvindkcs   18 July 2017

I'm one of the 5 owners already. As I have already mentioned after my father's death the property transferred to our names(5 co owners including me). So that now I want my share to be separate from this joint property and I can sell it or use it for future. I want to know if I file the partition suit then how much time it would take to settle and how much approximately it would cost me?

Ms.Usha Kapoor (CEO)     18 July 2017

Give a Legal notice to your  brothers andsister and demand your share. If there is no reply or don't get a satisfactory reply file a partition suit and allotment of your share.It  will take at least a decade to get disposed of.Other  expenses including lawyers fee would cost more than 2 lakh rupees.

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Siddharth Srivastava (Advocate)     18 July 2017

It will take generally 2-3 years if everything go on time. You shall be required to pay court fee in accordance with the market value of your share beside some misc. expense and fee of lawyer, which depend on experience and caliber of the lawyer.
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Siddharth Srivastava (Advocate)     18 July 2017

It will take generally 2-3 years if everything go on time. You shall be required to pay court fee in accordance with the market value of your share beside some misc. expense and fee of lawyer, which depend on experience and caliber of the lawyer.

arvindkcs   18 July 2017

Thank you for the information. Ms. Usha and Sidharth. 


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