Upgrad LLM

statute of limitation on partition


Our father died in 2006 leaving agricultural land in Bihar. We are now selling it. Most of the properties are segragated after joint family parition in 1970. Each brother and cousin has kahtiyan and malgujari in their own names for years. But a nephew has filed a partition suit against all of the joint family claiming that the partition was not done properly back 40 years ago. We have been served with summons in the village to a retired manager. Question is can any one actually reopen a partition after so long even though each have been cultibvating their proeprties separately fo rso long? Are we obliged to attend this hearing at considerable expense to fly to Bihar/ What is the penalty if we just ignore this summons which has not been served personally to us but we are aware of the case.

Many thanks for this awesome servie you provide.

 
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subregistrar/supdt.(retired)

though you have not been served summons, you have to attend court.  so consult a lawyer of your area with full details such as partition document, pahani etc...

 
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subregistrar/supdt.(retired)

you came to know that there is a case regarding the partition deed.  you have to attend court though summons not served to you.  so consult a lawyer of your area.

 
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I have consulted a lawyer and he says since I have not recieved the summons and neither have seven other cousins. No one is planning to attend. What is the consequence of this. Can the court fine us even though this is a harrassment suit.

 
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