TANAJI JAMDADE (LAWYER) 23 June 2024

Whether partition of landed property of government

Sir, my querry as regards sister filed suit for partition suit at civil court. The original title belongs to Government. The property originally vested to father of plaintiff and defendants. After the death of father propert as house property succeed to son. Sister filed suit for partition and possession. Whether suit maintainable for partition against brother?

What effects of the suit?

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Quick Summary

This discussion explores the maintainability of a partition suit for government-owned property inherited from a father. While a sister generally has a right to a share, the key issue is the property's original title belonging to the government. The advice highlights the need for clarification on how the father acquired the property (lease, allotment, etc.) and stresses that partitioning government land typically requires official permission. The consensus is that the sister is indeed entitled to a share, but the specifics depend on the exact nature of the government's ownership and the father's tenure.

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T. Kalaiselvan, Advocate (Advocate) 23 June 2024

If the father is reported to have died intestate, then the property left behind by him upon his death shall devolve on his legal heirs and the proportion of share to the legal heirs will depend on the personal law to which the deceased belonged.

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kavksatyanarayana (subregistrar/supdt.(retired)) 23 June 2024

The title belongs to the Government means, is the property sanctioned by the government?

Dr. J C Vashista (Advocate ) 24 June 2024

Facts posted are vague and confusing as to whether the subject house is on lease & licence, allotted or any other mode of occupation by deceased father ?

However, it implies that the title (ownership) of the house is with government ,which cannot be partitioned without prior permission of authorities concerned.

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