Partition related Partition related

5 years ago

Hello,
In 2008 we have filled petition in Taluq Court demanding for equal part of ancestral property. We are 4 children 3 sisters and one brother, my father expired in May 2004, and having property of around 88 acrs (+4 acrs undivided in father and uncles). At the time of filing petition we advocate told us we ll get equal part but now he is telling only 11 acrs each all will get. Due to some amendment in partition act in 2004 Sept. Is it true?

And is their any provision for our brother who encroached all property after death of my father to go to higher court challenging decision of tq Court?

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client on that property each legal heirs are eligible for their shares.that encroachment can be removed by court order.kindly go through any experienced local lawyer.
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ARPIT BATRA

Responded 5 years ago

A.It is upon court's order that the said encroachment can be removed.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,

Each child will equal share. Encroachment will be removed by court and he is entitled for equal share only.
For full procedure contact me on mobile through Vidhikarya.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
Presumably you must have received the legal heir certificate in the meantime(after the death of your father) and also the quantity of landed property,area,type of land,exact location etc.So, the entire property has to be divided among all the legal heirs.
In case of doubt go to a second Lawyer.
Still better, get a local Lawyer/Advocate through Vidhikarya.com
Shanti Ranjan Behera,Advocate
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Vishwabandhu

Responded 5 years ago

A.Dear client tell me :-
1 Four acres is undivided between your your father and uncle ? How many uncles r alive ?

2. and remaining 88 acres is on the name of your father ?

3- Was partition done between your father and uncle ? and 88 acres was transferred on the name of your father ?
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Akshay Dixit

Replied 5 years ago

1. Four acres means it's total of 17.8 acres as my grand father had 4 siblings he should get 4 acrs.

2.Yes sir. Its my grand father, 88 acres in his own name, but after his death my uncle (younger brother of my mother) has encroached all property. On that 88 acres we have filed partition.

3. Partition was done between my grand father's and his sisters and brother equally before 1983 I guess. My grand father and all his siblings expired about 10 year back only.

Sir. In between my uncle (mothers younger brother) had threatened to kill my Auntie (sister of my mother) she is alone her husband expired and because of her only we have filed for partition as she Do not have any support or job.

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