Asked August 19, 2016

Partial partition

  • 1 Answer

Sir, I have ancestral land i.e in name of my grandfather covering about 35 items out of which about 6 items are not partition intentionally by my elder brother to knock off without giving me any share in those 6 items other 29 items are registered partitioned in 1993 among legal hires. The 6 property items still remaining in my grandfather who has died 50 years back and my father is also expired 25 years back .. recently I approached court for decree against 6 items undivided my IA for stay got dismissed stating that there was already registerd partition between and partial partition is not maintainable... I don't want to include other items which are already partition.. how to claim my rights over 6 items not partitioned..... Is partial partition maintanable

Answer 1

Dear Sir/madam,

We sympathise with your situation but i am afraid to say that there is very minimal that can actually be done solving the situation you are put to in. The law is very much settled on this point. There are also judgements that unfortunately are not in your favour.

As you have already mentioned in your question that registered partition had already taken place. There is specific time frame allotted along with the order of the court by means of publication in the local newspapers inviting objections if any. So, if you look into the mandate of the law, a time frame might have already been given earlier and repeating that same procedure everytime, when a person raises objection over the same issue will hamper the justice system and increase the pendency in litigation. Further, there is a “Limitation time period” during which a person may file a counter claim as to that effect.

For references, I would quote certain case laws on this point which might help you understand the point better. These case laws however, encapsule  the same point of law emphasised on – in the above paragraph “That Partial Partition is not maintainable”.

Innasimuthu And Three Others vs Kandasami And Six Others - [1999 (2) CTC 494]

Apoorva Shantilal Shah vs Commissioner Of Income Tax - [1983 AIR 409, 1983 SCR (2) 492]

Govindrao S/O Gangaramji Ajmire vs Dadarao @ Shrawan S/O Gangaramji – [2004 (4) MhLj 653]

Agree Comment 0 Agrees almost 5 years ago

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