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Mohan Patil (Research)     06 October 2010

partition suit

I have filed a partition suit for my ancestor property. There are six legal heirs but I have given only five legal heirs names as one is already died. The dead legal heir has 3 children. They are not likely to object but in case they object there could be a problem. To avoid that problem I would like to give a notice in the local news paper asking "if there is any other legal heirs for this property then they can claim in the court before this date" Then I can handover that news paper clipping to the court also. Now also if they don't come to court and claim then is that OK. Can they come and claim the property after the decree by the court. can the court accept such notice in the news paper?



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 3 Replies

Mugundhan (Lawyer)     06 October 2010

you have to add them as parties to the partition suit. If you wilfully leave them behind and obtain a decree supressing material facts, when they get the knowledge of the decree, they can come to the court and apply for setting aside the decree. Better add them as parties now itself.

suresh (Advocate)     06 October 2010

Dear Mr.Mohan Patil.

In a Partition suit each and every legal heirs necessary to proceedings, if you know very well that who are all the legal heirs, if you suppress material facts it is against the law.

Even after you obtaining the decree the actual legal heirs can initiate legal process in the matter,

Hence you should make all the legal heirs to the proceedings.

aminur rahaman (lawyer)     08 October 2010

i agree with Mr. Mugandhan & Mr. Suresh.  Publication Notice in news paper must be permission from the Ld. court. otherwise court can not entertained .  Thanks.


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