Legal Question in Real Estate Law in India

17 acres agricultural property is in my mothers name. My mother and father both died. There are 6 legal heirs for this property but one legal heir is also died. That legal heir has 3 children. I want to divide the property through civil court. I don't want to include the three children name of died legal heir because they are not likely to complain and not likely to demand the share in property. After the decree however if any one gives compliant then what happens to the decree? The court will issue fresh decree or cancel the decree. If court cancels the decree what are the options in front of me. Can I file the fresh partition suit?


Asked on 10/03/10, 11:28 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

each legal heir is entitled to 1/6 share. three children will collectively get 1/6. No one can deprieve them of their share even if they do not claim or complaint. Later, at any time, or their children can also complaint. it would be fraud upon the court. Not only that the decree would be cancelled but contempt can be initiated against the remaining five for not informing truth to the court. It is therefore adviced that suit of partition be filed including three children also.

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Answered on 10/03/10, 11:38 pm


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