After the death of the father the property is muted in the name of mother, and after the death of mother the property is muted in the name of Three sons and widow of elder son. but there is no partition has been made. Now Mr x, one of the son wants to make partition so that his share is properly demarcated and like to pay separately the land revenues and wants to construct building upon his share, but the two of the brothers not interested to make partition. So, what legal step Mr X should proceeds so that he can compel the brothers to make partition equally.
regards
Adv.R.P.Chugh
(Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))
26 May 2012
By mere expression of intention to part - severance of status takes place de-jure, only actual physical partition by metes and bounds has to be done, for which you have to file a suit for partition.
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