Repartition suit


Dear Sirs,

We have a civil suit in the district court.

Case Details are as follows

A, B and C are 3 brothers. D and E are sisters both married before 1980.. Father of all partioned the land in 3 brothers orally in 1995-1996. But all the ferfar and actuall partition in tahasil office is done in 2007. Now the father and 2 sisters (D And E) have filled suit for their shares in district courts. In the total land - near about 70 acres 10 acres is come by death will to A and B. 10  acres is purchased on the name of A. After partitions the some of lands is sold by 3 brothers. During partion all 3 brothers given 10,00,000 money for father.  Among 3 brothers C is died in 2007

Now my quetion is it possible to repartion all land in A,B,C,D and E and father. What if all land is not ancestral. What about the sold land. 

 
Reply   
 
Advocate

How can a partition suit lie if A and B have got this property by way of a WILL...?

If you need to settle the issue amicably as a family arrangement , you may do so at any stage of a civil proceeding by making an application in the court where the case is pending at present.


Total likes : 1 times

 
Reply   
 



Dear Sir,

We have tried to settle but was unsuccessful. So now is the repartition is possible?

And if yes is it for ancestral property only?. Because only few land is ancestral.

 
Reply   
 
Advocate

Partition suit will lie only if the properties are ancestral in nature or if the lands have been bought from the funds generated using the ancestral property.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x