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partition suit and related ques


In case of a partition suit consisting of several legal heirs in the defendants -

1. what is considered as a closure  of a partition case and winning it. is it after getting the final decree or getting it executed?
2.. what if there is No such doc existng for the ancestral land for which parttion is being requested and it is just a land from enjoyment for 50+yrs...
3. what if some of the defendant already tend to forcibly enjoy and reside in the property all by themselves. can final decree be used to get police involved and vacated.or any sort of eviction petition to be filed in addtion?
4. can sale be done by the party using the final decree showing a share of partition belong to him'
5. is it true that parititon suit can run for 10+yrs even in this world of judicial rehaul. if yes, under what circumstnces can t be dragged and how to prevent it as a plaint. or is this long delay just a misconception.
6. is a succession certificate must to validate a WILL @court of law, that a defendant claim to have gotten?
7. if advocate commissioner is requestd after a prelimary decree, does the person requesting and his advocate to be present on day of inpsection?
8. what if a defendant residing n the property forciblely declines to allow a advocate commissioner to inspect the property which is part of the suit.. can police be invovled in such case.
 

 
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Lawyer at Supreme Court of India

Sir, 

1. what is considered as a closure  of a partition case and winning it. is it after getting the final decree or getting it executed?

Executed 

2.. what if there is No such doc existng for the ancestral land for which parttion is being requested and it is just a land from enjoyment for 50+yrs...

Still being legal heirs the partition can be claimed, if the property is not questionable 

3. what if some of the defendant already tend to forcibly enjoy and reside in the property all by themselves. can final decree be used to get police involved and vacated.or any sort of eviction petition to be filed in addtion?

Seek Status quo from the court.... 

4. can sale be done by the party using the final decree showing a share of partition belong to him'

Yes it can be, but the possession issue can always come before u get the decree executed. 

5. is it true that parititon suit can run for 10+yrs even in this world of judicial rehaul. if yes, under what circumstnces can t be dragged and how to prevent it as a plaint. or is this long delay just a misconception.

Very Much Possible, but a lawyer with a good face value and command over law can make it easier 

6. is a succession certificate must to validate a WILL @court of law, that a defendant claim to have gotten?

Yes, Succession certificate is thumb rule after the death.... 

7. if advocate commissioner is requestd after a prelimary decree, does the person requesting and his advocate to be present on day of inpsection?

Very much possible, you can seek the order in such a manner. 

8. what if a defendant residing n the property forciblely declines to allow a advocate commissioner to inspect the property which is part of the suit.. can police be invovled in such case.  

Very much possible Sir. 
 

 

Warm Regards 

Kapil Chandna Advocate 

9899011459,9911218741 


Total likes : 1 times

 
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CEO

Agree with Kapil Chandana.

 
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thank you @Kapil Sir.

for 3 - what is status quo from court. s it a petition to be filed at court.?. what purpose does seeking status  quo actualy serve in the situation posed.  is status quo same as asking for injunction order?

for 6 -what is if there is no WILL exist as such and the property was never mutated and just passed over to next generation

 
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Advocate

A good question paper! Please don't make it a riddle.

 
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Lawyer

Consult your lawyer and tutor.

 
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FIN

The papers for land shall exist....................in  revenue records......

The squatter may not be the owner..............

 

 
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Dear Sir In pending final degree petition how to prove us a legatee for will ( as one of the defendent died) Kindly suggest CPC Section code and draft for Interlocutory Application Regards E.Satheeskumar

 
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