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Dinesh Khatri   20 November 2015

Partition suit

Dear Sir/Madam,

 My fathers have some joint property with his brothers. And some brothers want to sale their share and some don't want to sale. So, for this , they divided property without permission of my father. And they sold also without inform us. Now , we want to get our equal share. So, what should we do? Please help us.

 

Dinesh khatri



Learning

 2 Replies

ROHIT SHARMA (Legal Advisor )     20 November 2015

1. The purcahser of such shares is not entitled to possession or any gainful right till the proerty is legally partioned. Can get a stay order. for unklawful partition by challneging the sale made.

jeev   20 November 2015

We are Karnataka Christians. 
Our Father demised on 2000 and Grand father
 already demised on 1970. My father's sister 
 75 years old (Aunt) filed case against us
 for getting share from our property which 
was inherited by our Grandpa. My father 
already distributed the shares to his three
 brothers as per the oral partition done by our
 Grandpa. Two of my uncles (father's brothers)
 sold out their shares to third party already.
 We are only keeping the remaining shares. 
In first case 2011, we had won for not giving 
the shares to my aunt. She had gone for
First appeal on 2013 in further court and 
won at her side for getting share from 
our Grandpa's property. So, again we gone 
for Second appeal in Karnataka High court
 on 2014. The case is still pending. 
We believe, As per the new amendment and Judgment on October 26, November 3rd 2015, by Hon A.K.Goel,,
the case will be dismissed. Whether 
we have to file anything to court to 
dismiss the case? or it will be  
dismissed automatically.  
what we have to do? Please inform me... 

 


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