• 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 2 years ago in Family Law from Kurnool, Andhra Pradesh
Religion: Muslim
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
10360 Answers
125 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
10360 Answers
125 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
37669 Answers
2114 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
4428 Answers
186 Consultations

4.3 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
37669 Answers
2114 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
27609 Answers
287 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
21674 Answers
589 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
4713 Answers
66 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
2522 Answers
32 Consultations

5.0 on 5.0

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