Property division
2 years ago
Hi
We are 6 siblings. 3 of us live in our father's property which is undivided.Rest 3 live elsewhere. Our father and mother is no more.Due to mutual disagreement this property remain undivided. Without division my brother started constructing his house in the campus without measurement in whatever way he wishes .Unwillingly but we had to move to SDO office and now section 144 is imposed and his construction has stopped .Matter is in the SDO court and we have 1st hearing on 15th june. I wish to know is it possible for SDO court in patna to divide our property ? How feasible it is with respect to normal partisan suit in civil court in terms of time taken and cost? Should we file a partisan suit parallely or wait ?
To know more about how to file a partition suit you can read here https://www.vidhikarya.com/legal-blog/how-to-file-a-partition-suit-in-india-a-step-by-step-guide
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Its better to get the relief from the civil court. Kindly file a suit for permanent partition in the concerned civil court. SDO Court is not the ideal option. Before filing the suit for partition you need to send the all the concerned parties a legal notice.
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The state of Bihar has duly authorized the SDO Court to divide the property, but such order of division can be challenged in the appellate authority. Normal partisan suit in a civil court is same as the Partition Proceeding in the SDO Court. You need not file partition suit parallelly. It would amount to duplicity of proceedings.
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Sidhaarth
Responded 2 years ago
You have to file partition suit to get permanent solution.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Jahan tak me samjta hu SDO court ko partition karne ka right nhi hai yadi aap ki property regidensal hai.
Aap construction ko rokne ke liye bhi injunction relief mang sakte hai. Apne partition suit me.
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