Mutual partition of our paternal property
8 months ago
We are three brothers and six sisters. Due to non cooperation of younger brother mutual partition of our paternal property could not be possible. I had filed a civil suit. Although all the sisters abandoned their share through witness and petition affidavit yet the court passed an order both in preliminary and final decree for equal shares among the brothers and sisters . But we want shares among the three brothers only, What's the procedure ?
Again, after passing the order if the same brother will not cooperate than what can be done for partition of the property? Whether Court has no power to divide the property forcibly and give direction the the Tahasildar to prepare RoR accordingly ? Kindly suggest. Our younger brother wish to enjoy the whole property without giving us shares. Regards
Your sisters abandoned their share through witness and petition affidavits instead of a registered Deed of Relinquishment in the partition suit which was not admitted by the Court and passed the order of partition in equal share to all the legal heirs/beneficiaries. In the absence of cooperation from other heirs, you being a legal heir alone can file a suit for partition after obtaining the deed of relinquishment executed by your sisters and registered. Reach out to an Advocate for guidance and steps.
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