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RohanSohan (Teacher)     21 September 2009

Hindu Succession Act 2005

I am a NRI woman married and settled in USA. I have a court decree issued in 1972 by a Civil Court in Karnataka saying that I am one of the absolute owners, and am in actual and exclusive possession of the properties described in the decree. In this court decree, they have given details of the properties including survey number along with dimensions.  My brothers are refusing to give me my legal share.  Here are my questions and would appreciate answers from the legal experts:

 

·         How can I make this court decree enforceable and get my legal share?

·         If I file a partition suit, in what way this court decree and the Hindu Succession Act 2005(amendment) help me? 

·         When I file my partition suit, can I just say that I want my legal share and attaché the copy of the court decree issued by the Civil Court? Is that sufficient?

·         What are my chances of winning this partition suit?

Thanking you in advance



Learning

 3 Replies

R.R. KRISHNAA (Legal Manager)     21 September 2009

It is good you have got a decree passed in 1972 in your favour declaring you as one of the absolute owner.  If it had not been challenged till date by the other legal heirs, then it can be a good proof to claim partition from the other legal heirs.  I suggest you to issue a legal notice to the other legal heirs for partitioning the property.  If they fail to comply, you can file a civil suit for partition based on the decree you obtained in 1972.  (but needless to say that if the decree you had obtained in 1972 is invalid on account of jurisdiction or any other legal issues then that decree may not help your case).  You may consult an advocate in bangalore and proceed further.  Best of Luck.

Adinath@Avinash Patil (advocate)     27 September 2009

First issue legal notice to all legal heirs. You can file civil suit for pation and possession. In my opinion there is no bar to your share.Your suit will decreed.Forget earlier decree.,go ahead.

niranjan (civil practice)     11 October 2009

The Decree is of972. You could have enforced it within 12 years, but since you have not done so you can file the partition suit based on this decree. I have one case on my hand and the question is whether I can enford\ce the decree after 12 years?The matter is pending. But you can apply to the court to effect partition by appointing Commissioner and to make a partition of the property is administrative one and there is no time limit for it.If  partition decree is preli minary one, you can ask for final decree tobe drawn and therein you can ask for lpartition by Commissioner.


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