Partition suit
Bhikham Saini
(Querist) 18 October 2012
This query is : Resolved
I have filed a partion suit before Distt Judge in respect of One Ancestral Undivided Property and have included four brothers and three sisters (own as wells as cousins) as defendants claiming my share as 12.5%(as being one of the eight inheritors) which is true and fair.The suit was filed on 2nd May,2012 and till date none of the rest seven defendants have filed their reply/statement, as each of them desires more share than they are actually entitled to but none of them has any reason to justify it except myself as I have simply claimed my Eight share in total property as I am one of Eight inheritors.
01. What will be status such suit at Court?
02. What will happen to the status of person who do not file any reply nor get him/her represented before the court?
03. what relief/order can the court allow me in my justified claim even if others do not participate in the suit?
Advocate M.Bhadra
(Expert) 18 October 2012
To reply about your share it is needed details of legal heirs/successors of the deceased and biological chart,if you are Hindu then share will be distributed as per Hindu Succession Act.According to your query please note as follows:-1)Court will distribute your share as per Succession Act,2)appearance does not matter those who are not contesting the suit but they will get their share,3)same as-2)
Rajeev Kumar
(Expert) 18 October 2012
I totally aggree with Bhandra
