partition suit without land papers
Hello, My father's property (House/Land) is in family dispute at Guntur district of Andhra Pradesh State. The land was bought by my father during early 1970s and he died in the year 1989 without any will. We are total four children and as a part of legal right in the share of property I am seeking my legal 25% share in this property. So I have sent legal notice last year stating my claim. Now scenario has changed it seems they are not interested in this partition as a result I am not able to get my 25% share in the said property. I do not have my father property legal paper (Sale Deed) without which I am unable to file Partition suit in court. Can I file partition suit without property papers please suggest and kindly note that my religion is Christianity.
You can obtain papers from IGR Office, or revenue record of your village, first obtain the same, so that you can draft the case paper properly.
Being a coparcener under the principle of Family Partition, you are always entitled to make a claim for partition. You need to file a civil suit for partition in the concerned court of law of your district. For doing the same, you can first approach the registrar office of your area and apply for a copy of the legal papers i.e. sale deed of the family property at issue. A copy of the legal notice will also be annexed as supporting documents, at the time of filing the suit.
Purview of the below mentioned section is to be taken for filing the desired civil suit.
Section 16 of the Civil Procedure Code determines the scope of the subject matter, of which relevant clauses has been put forth :-
(b) for the partition of immovable property.
(d) for the determination of any other right to or interest in immovable property.
Once you file papers in the court for carrying on partition, the concerned authority makes an enquiry into the claim and accordingly, notices are being served to all the concerned members of the family.
The law applicable in your case will be the Indian Succession Act, 1925.
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