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AwMeAbN (Nil)     18 May 2010

Revenue cases after death

My father passed away recently without writing any will.


He has a few court cases pending regarding a plot of land he owned. The plot however is not partitioned and is part of a bigger piece of land with his share in it being 1/20 while the rest is equally owned by two others.

 

He bought this land in 1990 with few other people who eventually sold their share and finally now it stands in the name of 3 but still not partitioned.


I have the following questions :

1. He has a partition case pending. How does it go forward from here. Can i (his son) continue to fight the case or does the property need to be transferred in my mom's name or are there any other implications to this ?

2. Since there is no will, how would it affect the ownership of this land. We are not related to the other shareholders and each one has an independent registry of his share. Do they get any control over our share.

3. He also has a appeal pending to restore the girdawari in his name as it was fradaulently changed by the other party in collusion with the tehsildaar. How does his death now affect this case ?

 

Thanks for your help !!

 



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 1 Replies

S.MANIMARAN (Advocate)     18 May 2010

sir

you and your mother  have to be impleaded as legal heris of  your father,  in civil case the after the death of one there legal heirs has to be impleaded.you did not tell whether your father had filed the case against them or they filed the case aginst your father, if your father is filled the case you want to take steps for impleading your self in the case or otherwise the concern party will take steps for impleading ,my kind advice is concact you father advocate for knowing the full details of the case and where it stand.


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