sr (developer) 04 August 2013

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 Follow

3 Replies

Advocate Vishnu (Advocate) 04 August 2013

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.

1 Like

sr (developer) 05 August 2013

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.

Advocate Vishnu (Advocate) 05 August 2013

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.