Can we approach the court to help us partition the property?

2 years ago

Our ancestral property my father and his 8 brothers are legal owners after my grandfather's death. Property is undivided, my father wants to partition the property and take his share but 2 of his brothers are not keen about it and been avoiding it since 3 years now. Can we approach the court to help us partition the property?

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap civil court me apna share lene ke liye partition suit file kar sakte hai. Baki dusro bahiyo ko defendant banaye. Unko udhar apna jabab dena hoga. Or adalat aap ko share ka aadesh parit kar degi.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on the part to give legal Notice to his 8 brothers for amicable partition by executing registered Partition Deed within a stipulated period of time and in default your father can file Partition Suit before the Court of Law having the territorial jurisdiction (in respect of those properties or any part of those properties) for Partition, Declaration of respective share and injunction/ Status quo for not to change the nature and character of the entire property possessed by your father along with his eight brothers.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Your father can approach the Civil Court but it will take years together. After filing case get the matter refer to the lok adalath and their the mediators may help you to settle the matter amicably and a decree will be passed accordingly.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes you can. If your brothers are not cooperating in helping you partition the property then you can file a suit for partition in the civil court and then they will have to participate as per law. You can get in touch with a good civil lawyer to file the case.

Read a blog on How to file a partition suit in India [A step by step guide]

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