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Take over of my share - partition suit

hi
i have acquired a prelimiary decree against a elder step sister who is curently in possessin of our ancestral property in ajmer.
how should i take possessino of my share. . do i need to wait for the advocate commmission to submit the final report and get final decree
or can i take support of police now to take over my share since my sister and her family always creates threats/emotional drama whenever we went to vist the property and files file complaints against me.
if it s executio petition, then do i need to wait until final decree? is t true that we go for EP once if there is no natual remedy is available.

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2 Replies

R.Ramachandran (Advocate) 11 March 2018

I presume it is a dwelling house.

You have only got a preliminary decree. In this decree only your share has been recognised and confirmed.

However, thereafter there should be a final decree. Only in this final decree, it will be decided which portion will go to you and which portion will go to your other sister.

Therefore, you have to wait. With the mere preliminary decree in your hand, you cannot just go over to the property and take any share. This is because which portion belongs to your share has not been decided yet.

Better get in touch with your lawyer and he will guide you properly as to the further steps.