• Partition of 1 acre land

Hello sir/madam

I have certain doubts regarding the partition and legal successors of 1 acre land which my father had before his sudden demise since,he has two wives(me being the only son of his second wife) and the other being my step mother who has 3 elderly people respectively a single son and 2 daughters who are currently employed and have their own families,me being the youngest of them all still trying to get myself employed. In aug 2015,the judgement came out to have 5 shares each among my step mother along with her son and two daughters and the 5th part being allocated to me out of the 1 acre land which is in the name of my father,And my biological mother(who is the second wife of my father) was never give a Share,Since we don’t wanted to make any fuss about the judgement,We strictly we’re happy with what we’ve got and the original documents being my position since then,they(my stepmother and her legal heirs) have never approached me to talk about the sale of that particular land and recently after two years after the official judgement I’ve received a notice to appear in the court for the I.A. Being filed by them and they’re constantly asking me to leave the 5th part of that land which is in my possession So,What measures do I need to take in this regard?
Asked 6 years ago in Civil Law

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14 Answers

1) you have to file detailed reply in the appellate proceedings taken out by your step mother and other legal heirs

2) you have one fifth share in proeprty

3) dont relinquish one fifth share in your possession

4) your mother as second wife has no share in property

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

1) you can stick with the court order and obey it. Don't live the land which is in your possession. You are the class I legal heirs

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

in appeal application be taken out for stay of impugned order passed by trial court pending hearing and final disposal of the appeal

objective is to harass you and deny you any share in property

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Hello,

You must appear before the court and raise objections to such grounds being raised by the first wife and the other legal heirs, in the ground that you are in the possession of the land and you are having the title over the same.

Also take recourse to the judgment by means of which you have been held to be the part owner of the said land being the son of the deceased.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Engage a local lawyer having sufficient experience of handling land disputes and show him the notice that you have received from the Court. Also, carry for his perusal the August 2015 judgement which granted your 1/5 this hare in this 1 acre land.

Let him represent you in the Interlocutory Application and take care of your interest.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

IA is not usually issued after the judgment is passed by the court.

I advise you to go to the court and inspect the file, if at all some new application has been moved by the other party.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The averments made in the I.A can be challenged by you. If it has got no merits then it will get dismissed.

The motive behind the I.A depends upon the issues raised before the Court.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

As you are a lawful owner and decreed by the court, you need not worry as you are free to occupy and alienate your portion. However, when the matter is disposed off, not sure what the IA for? You need to explain more about IA.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Client,

Illegitimate child have equal share in father`s property. But no 2nd wife unless 1st is alive and not divorced.

No court will interfere with ur peaceful possession.

What is the content of I.A., on perusal of it, precise can be advise.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Since you have been allotted with one such equal share in the property that belonged to your deceased father by a judgment in a suit, if the final decree was passed, then you should have applied for your registration of your share in the property through court itself.

In my opinion, they would have filed a petition seeking final decree hence you have been served with the notice to appear before court to participate in the further proceedings.

You attend the court with the help of our advocate and get your share of property identified and marked after which you can obtain separate possession by registering the same in your name through court process.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Thanks for those valuable advices,My concerns really with the Interlocutory application(I.A.) Which was sent to me by the concerned court after the judgement usually can an I.A. being issued to a defendant after the hearing the judgement and what might be the motives behind these sort of issues in a particular case?

The judgement what you refer to may be the preliminary decree in the partition suit.

Now this IA should have been filed by the plaintiffs seeking appointment of advocate commissioner to inspect suit property, divide the same into five equal parts and file its report and also for passing final decree in the suit.

Thus this my not be an unusual issue, it is part of the suit proceedings since the suit has not been disposed fully yet.

You can discuss with your advocate on all such further issues.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

1. How come I.A. has been filed after the Judgement has been passed?

2. Ideally, the said judgement should have been challenged before the higher court of law by them.

3. What has been prayed in the said I.A.?

4. They can not ask you to leave your 1/5th share since you are entitled to the said share of your father's property as per law and also as per court Judgement.

5. However, appear before the Court through your lawyer and contest the prayer made in the said I.A. if it is so required.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. I.A. is filed for availing order in the interlocutory stage which is long over now.

2. Study the said I.A. and contest the prayer made therein fittingly as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear,

The I.A. notice sent by the court needs to be perused first to advise you better. Consult any local lawyer along with the judgment and I.A copy.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

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