Partition
sohan shetty
(Querist) 29 July 2013
This query is : Resolved
i want to know what happens if already one partition is done from my side in which there is 1/5th share to my aunty which i from my side i kept to her,for which she is not ready to take that portion. so she filed a new partition in court on my name.already the survey is done new partition no also as come.total land was 1.90 n i kept .40 cents to her,rest i made in my name with new survey no regstd in my name,what happens now from court.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
She can file a new partition suit if she feels that the first partition was not done properly or if the property allotted to her was of a poor nature as compared to that allotted to other members.
Nadeem Qureshi
(Expert) 30 July 2013
she can file appeal against court order before higher court
Raj Kumar Makkad
(Expert) 31 July 2013
Fresh partition suit is not barred so it should be got filed.
Raj Kumar Makkad
(Expert) 31 July 2013
Fresh partition suit is not barred so it should be got filed.
prabhakar singh
(Expert) 31 July 2013
"already one partition is done from my side in which there is 1/5th share to my aunt which i from my side i kept to her,for which she is not ready to take that portion. "
The Aforesaid statement of your does lead to
prove any partition mutually final between parties.Rather it was a proposal on your behalf which she did not accept and filed a suit which lies.
Raj Kumar Makkad
(Expert) 01 August 2013
Partition means a formal order by competent authority and mutation entered in the relevant record which has never taken place in your case.