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Surajit das   31 March 2020

Time period to resolve partition suit

sir,
My grandfather by registered will given our joint property(Land and building) to his two son (mutation of land has been properly done). the building has no plan when building was made but we are trying to make a plan now for our part.My uncle tries to encroach some place in the building despite clearly mention in the will about who will enjoy how much.

Our advocate says due to the complexities in the partion of the building the case falls in partition suit.
Now I wants to know Whether it falls to partition suit case if there is a proper will.
If I need to file partition suit then what is the percentage to resolve the case if the will properly mention about the distribution of property clearly.


Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     31 March 2020

Dear querist,

If your uncle is not abiding by the will executed by your grand father in that case you have to file partition suit. Court will divide the property as per will. 

Regards,

Surajit das   31 March 2020

Thank you for your reply.
Whether it will be resolved. Actually I am heard from many people that partition suit case continues indefinite period.

Sayantan Misra   01 April 2020

Hello! As you have mentioned, the Will of your grandfather clearly specifies the area which will fall in your uncle's part, and the area that belongs to your father. So, if your uncle does not follow the Will, then you better file a partition suit and the Court will designate how much your uncle can get as per the will.

And regarding the time taken for partition suit, it is similar to that of any other civil litigation. There is no standard rule that partition suit will drag on for many years, neither can it be guaranteed that the suit will be disposed of immediately. So, you'll have to keep faith in the Court and fight for justice.

Thanks and Regards.

Siddharth Srivastava (Advocate)     01 April 2020

You can file suit for permanent and mandatory injunction against erring uncle praying to stop him from encroaching your area. The property is to be governed by WILL and as WILL has already specified the share of each son hence no reason to ask for partition. 

Surajit das   01 April 2020

Thank you siddharth sir. Siddharth sir the will clearly specify the sqft my father should own and my uncle should own. but still he tries to encroach on the basis of money power and political party.

Siddharth Srivastava (Advocate)     02 April 2020

Then instead of going for partition you should file suit for permanent and mandatory injunction against erring uncle.

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