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Arsalan ur Rahman   18 October 2021

Property distribution case

We have a running case in district court for a simple partition of property. It has been 12 years and we reached nowhere. We just want to know that is it Normal to take such a long period. Also if the applicant moves to high court will it again take this long.
Tha case is made by a sister (among 2 brother and 4 sister muslim) claiming that we don't want to give her share of property. But others are not intending to do so. She is just looking forward to take as long as possible as currently she is living in her parental house with more area than she will get by legal distribution.


Quick Summary
This discussion concerns a property partition case in India that has been ongoing for 12 years without resolution. The family is seeking to understand if such lengthy delays are normal and what the implications might be if the case escalates to the High Court. The partition is being contested by siblings who are not intending to give the applicant her share, while the applicant is allegedly prolonging the process. Advice suggests that a family partition agreement, filed in court, could expedite the process, even if not all parties initially agree, especially under Indian inheritance laws.

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 October 2021

The property partition law for a joint family in India states that an ancestral property can be divided on the basis of making a family partition agreement. This is subject to the personal laws of inheritance where Hindus, Muslims, and Christians have different standings under family property division.so make such agreement and file in the court. You may get judgement immediately.

Arsalan ur Rahman   18 October 2021

Sir, If all the parties are not in agreement with the partition. Will family partition agreement be helpful?

Shashi Dhara   18 October 2021

If she has filed. Suit  for partition  according to family law she get half the share of male siblings ,u can contest for that  share only and in w.s you agree for it so court will pass decree for that .


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