Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Question n partition suit

hi, when it comes to parittion suit within a hindu joint family for ancestral property with no will/settlement deed in place, understand it varies on a case to case basis,but as a universal law ,which takes precedence on the below especially when one party is in long possession of the prperty

a)long possession of the party

b)current state of records in the title

c)rights on the share of the property

d)limitation period as such for declaration of titile and filing partition suit..

the below states about long possession but there are few other citiations that state on current and most reecnt title of record

https://sites.google.com/site/mmmlawreport/inheritance-laws/inpartitionsuitmerelongpossessionandenjoymentofoneofthecoparcenerdoesnotvesthimwithanyspecialrightsfrompartitiongudivadanarayanamurthyvsgudivadaparvathamma13orsreportedinhttphcapnicincsismaininfosamno855year2013



Learning

 4 Replies

Kumar Doab (FIN)     13 January 2018

Which persoal law applies in the matter say; Hindu.

Confirm!

Pls Post full facts of the matter.

Kumar Doab (FIN)     13 January 2018

Regret missed to note that  personal faith is Hindu.

The link mentioned by yiou is not working.

What is to be noted from the link! 


(Guest)

@experts -
have a similar question on the above.

in cse of partition suit, is it required for plaintiff to prove onus of title for filing the case especially if the defendant is in long possession and got the records mutated to his name without any family settlemnt(registered) and no partition suit had take place? can you please point some cititaions where the above is favorable for defendant

 

Kumar Doab (FIN)     15 January 2018

Oral partition if it is claimed IT has to be proved.

The perspective is to obtain mutation records and link docs to ascertain by which local revenue code/document, how and why mutation records are updated.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register