• How to distribute undivided property?

My Father left some of his property as undivided.He died and my sisters went to court and finally court had given decision as 75% to brothers and 25% to sisters.No one is having original property documents.How can i proceed in this regards.
Asked 8 years ago in Family Law
Religion: Muslim

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9 Answers

1. Since the court has passed the decree you have nothing to worry.

2. I believe the decree is now Preliminary in form. if that is so then apply for Final Decree wherein the court will declare the shares in separate demarcated portions.

3. Once that is done get the final decree registered from the local registration office . Your job is done.

4. The decree of court is valid and enforceable and no other tile document will be required. on the basis of decree you will get the Mutation done as well.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Your query is not clear. Since the court has already passed the order where s the need of compromise?

Clarify your query.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1) you can obtain certified copy of the documents from sub regsitrar office

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2) your sisters must have filed a partition suit .

3) court will after passing of preliminary decree appoint a commissioner for division of property by metes and bounds . final decree would be passed by court

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Hi, you have to lodge a police complaint that you have lost the original title deeds and also make paper publication to that effect.

2. As per the direction of the court you have to divide the property.

3. I think now you have only preliminary decree there you have to file a Final Decree Proceedings before the court for exact division of the property.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1)your brother and sister have to comply with court orders

2) there is no question of compromise

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

What is the basis of the case that was filed before the court?, whether it was a partition suit?

What is the documentary proof for the property in dispute before the court?

How did the court draw the decree?

Whether this was a preliminary decree or a final decree?

Whether a application was filed for appointing an advocate commissioner to make spot inspection and divide the properties as per he curt decree?

What is your advocate's opinion?

Once there is a court decree, there is no question of anyone not coming to compromise, if they have any grievance let them prefer an appeal.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

The certified copy of the documents can be obtained from the office of sub-registrar by conducting a title search for the last 70 years. The case can be filed on the basis of the certified copy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

property is equally divided by the court, you should file an application under section 47 cpc for its execution. court shall recall all the records from revenue department regarding the property and all the legal heirs are liable to accept judgment.

if some parties are disagree with the judgment they can file objection against execution, then court shall decide their objection under section 47 cpc and order 21 cpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Have you paid court for getting your share in the case.The compromise can try for all the time but when there is a decree the compromise will work if all the parties are amenable for the same.

For getting the share file final decree application as per preliminary decree and also file a commission application. After the arrival of commissioner report the court will pass the final decree and then file another petition for writing the same in executing stamp paper before registrar

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

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