Yes it will remain valid
Part partition
My mother is one of the warmish of her father's property.She and her siblings want partition of a particular property left by my grand father in his name and filed a partition suite as such.They want to part the rest of his properties at later time.Will the current partition remain valid?
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
1) partition has to be made of all properties standing in name of deceased father
2) in the suit list of all properties have to be mentioned
3) amend the plaint to include other properties standing in name of deceased
1. Part partition through the court of law is never allowed.
2. If someone files a suit for partition one has to include all the properties mentioned in the suit.
3.So avid making partial partition and do it comprehensively.
Yes, she can partition the property which is now under limelight and she can partition the ther properties at a later stage also.
There is no legal infirmity in it
1. They can very well file the partition suit of the property left by your grandfather in his name.
2. They can also defer the partition of the properties self earned by your father.
3. Such partition will be valid.
4. However, since partition suit will require stamp duty to be paid which has a maximum upper limit, it is not economically prudent to file partition suits in installments paying for stamp duty and registration fees every time.
