• Partitioning ancestral property and litigations

Hi Team,

I am Sanket and have ancestral property in alibaug which is not yet partitioned.

I want to know the process of partitioning and how to know if there is litigation going around the property.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

1.  Partition can be effected based on the consent of all legal heirs and partition deed has to be registered in the jurisdictional Sub Registrar's Office.

2.  To know that whether any litigation is going around the property, visit the jurisdictional Sub Registrar's Office and request for a register which contains the details of properties which are under litigation and which are prohibited for registering. Also obtain Encumbrance Certificate for the property for 30 years to know of any transaction that might have happened during this period in respect of the property in question.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

Issue legal notice to other co owners for partition of property 

 

if they refuse file suit for partition for division of property by metes and bounds 

 

seek an injunction restraining sale of property by other co owners

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

for partition one has to file a partition suit in the court having pecuniary jurisdiction depending on the value of the property and also the territorial jurisdiction

u can inquire with the local sub-registrar office if there is any lis pendens registered for the property

or else you will have to take out a search from the different court websites by giving the parties names 

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

  1. If all coparceners are willing to partition and agree upon the terms and conditions, then partition can be done by executing a Partition Deed. 
  2. If any coparcener isn't willing to partition; or, there can be no consensus as to the terms and conditions of partition, then the coparcener desiring partition has to file and plead a partition suit. 
  3. In either case, you require services of an experienced counsel. I'm willing to handle your matter as your counsel (advocate). However, I need an exhaustive consultation session with you first. You have to visit me for that. 
  4. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1554 Answers
5 Consultations

4.4 on 5.0

If the shareholders do not agree for a mutually agreed partition then it would not be possible for an amicable partition among the shareholders to partition the proeprty in question.

In such a situation you may have to approach court of law with a suit for partition seeking division of property by metes and bounds and by good and bad soil equally and allot one such share to you with separate possession of your legitimate share in the property. 

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. A suit for partition has to be filed in the competent civil court. Court will order the partition of property by metes and bounds if you are able to prove that property is ancestral in your hands and you have a share in it.

2. Engage a lawyer to find out from the local court if there is any lis pending pertaining to the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

- Since, the said property is an ancestral , then the same can be partition even after executing a Partition deed as well.

- However , a registered partition deed is advised. 

- Further , if other family members not ready for partitioned the property , then one can approach the court for getting decree of partition after filing a Partition suit . 

- For knowing that there is litigation , you should issue a legal notice to other family members/legal heirs. 

Mohammed Shahzad
Advocate, Delhi
13529 Answers
201 Consultations

5.0 on 5.0

You need to get the title search report in the above case to find out the same. Also you ca n get the Encrumbance certificate for last 30 years of you need

Prashant Nayak
Advocate, Mumbai
32148 Answers
185 Consultations

4.1 on 5.0

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