Vikram 01 December 2016

Partition suit

Sir/Madam - A sibling files a partition case for the property(lands) and she has part of the property(that is included in partition suit by her) in her name. After filing the case,she has filed an application in tahasildar's office to transfer the property(that is her name and is in partiion suit) she has in her name to her son. is this contempt t of court or criminal offense? One hand,she claims partition never took place and asked court for partition. One other hand,she has applied to transfer the property that is part of partition case filed by her.

Thanks

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4 Replies

Kumar Doab (FIN) 01 December 2016

Place the facts before court and request to injunct.

Pawan S (Advocate) 01 December 2016

The court will not see this as an offence. Prior to getting the property in her name, she can’t transfer this to anyone.

Even if, the property gets transferred (somehow through back door), by the tahasildar's office, the decree of the transfer will get null & void, when the court determine that such transfer in not right/legal.

Don’t bother about her property transfer application in the tahasildar's office.

Concentrate on her first petition suit, where she claims the property.