Abadi deh partition
3 years ago
My Grandfather was three brothers . And they had divided the abadi deh in 3 parts. But one of brother of my grandfather has in Possession of 2 parts. And third brother of my grandfather had left a will in my name. So I can file a suit for adabi deh land. If yes in which court and under which law.
A.PROFORMA
PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
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APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
======================================================
You can file in Civil Court where property is situated.
PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
================================================================
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
======================================================
You can file in Civil Court where property is situated.
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Priyanka Garg
Responded 3 years ago
A.It seems partition was already done by brothers of your grandfather and what your father got From that, he has given you through will. Therefore, you can have right over the part given in the will, of partition was done earlier as described above. However, if you still want to proceed, you must file suit for declaration against the division showing the capacity of HUF. Good luck!
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A.Under Indian Succession Act.. at nearest city civil court
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