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AK (Business)     14 November 2025

Partition & possession

Hi All, So to briefly explain the current situation - concerning my grandfather's residential property (punjab) He passed some years ago, my uncle presented a will in court to contest everything was willed to him - FSL came back to say his will is forged. The registered will was proven to stand, and civil suit was decided in our favour - thus, my father gets a share, and my uncle gets a share. Problem is, my uncle's family have possession of said property, and are neither vacating, nor selling. Currently, a criminal case is ongoing against him (for forgery), and civil suit was decided in our favour. Suit for partition & possession is ongoing. It has taken so many years, is there any way this can be sped up?


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     15 November 2025

You may have to wait for the disposal of the partition suit to proceed further.

AK (Business)     15 November 2025

Thank you. 

So was the suit for partition required?

Dr. J C Vashista (Advocate )     15 November 2025

If the civil suit is decided in your favour and the defendant/ your uncle do not vacate, file an execution petition before the Court through your lawyer.

It is besides and concurrent case for handing over peaceful vacant possession of your father's share, as decided by the Hon'ble Court.

However, did you seek opinion, guidance and advise of the lawyer engaged by you ? If so, what is his/ her view and what is your concern there after ? 

AK (Business)     15 November 2025

Thank you for the response.

 

Execution was filed, it's on arguments stage. 

Hopefully resolves soon.

P. Venu (Advocate)     15 November 2025

Admittedly, execution petition is pending. So, why this query?

kavksatyanarayana (subregistrar/supdt.(retired))     16 November 2025

Yes. When the suit is pending, wait for the court's orders.


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