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LEGAL SWANAND PANDIT   10 January 2022

partition deed

Which act shall addres to the issues of partition within family and it's matters of legal hiership.

any one can breif on family disputes within brothers and sisters relating to ancestry property.

please connect on legalswanand@gmail.com


 6 Replies

Shashi Dhara   10 January 2022

Hindu succession act.

P. Venu (Advocate)     10 January 2022

Please post complete facts.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 January 2022

Please state the facts of the case so that Experts can give their opinion.

LEGAL SWANAND PANDIT   10 January 2022

6 brothers and sisters have a ancestral property which is transferred in their name. Now there is a dispute on the share as per partition deed. Also one of the co-parcener is residing in the premises has a divorce petition pending in the court. All are senior citizens other than one who is the son of their late sibling and the co-parcener in the property as per hindu sucession act.

In such case other brothers and sisters want him out and sell the property. Please advise which act should be refereed here.

There are 3 problems/issues-

1. Share of the siblings is disputed

2. One of the sibling has occupied the property and not moving out.

3. The co-parcener who is residing has his matrimonial dispute in the court.

No one is ready to compromise and want court intervention. Also they want to put a caveat in this matter so that no one can bring any stay on the property. Is this advisable and possible?

 

Dr J C Vashista (Lawyer)     11 January 2022

Suit for partition, possession, permanent and mandatory injunction with rendition of account and mesne profit shall have to be instituted under the provision of Section 22, 34  & 39 of the Specific Relief Act, 1963

1 Like

P. Venu (Advocate)     11 January 2022

The facts posted are confusuing and disjointed and suggests no cause of action.  Once the partition deed has been executed there could no further litigation but for exceptional circumstances. And the property is no longer ancestral. Moreover, the matrimonial dipute could be an enteirely different issue. 

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