To partition ancestral property, a legal notice is first issued to co-owners. If mutual partition fails, a civil partition suit can be filed in the appropriate jurisdictional court. The court then evaluates evidence and passes a decree to divide the property among legal heirs.
To prove encroachment, you need original title deeds, survey records, municipal plans, and photographs. You may also require a certified copy of the land map and a surveyor report. A suit for possession and injunction can be filed in the civil court.
Yes, you can file a civil suit in person as a party-in-person. However, it's advisable to take legal guidance due to complexities in drafting, court procedures, evidence, and arguments to avoid dismissal or delays.
Registration is the legal recording of a property transaction, while mutation updates the revenue records to reflect the new owner. Registration is done at the sub-registrar office and mutation is done at the municipal or revenue office.
Each coparcener has an equal right in joint family property by birth. You can seek partition, restrain illegal transfers, or claim share in sale proceeds. Females have equal rights under the amended Hindu Succession Act, 2005.
Partition suits can take 1–5 years depending on complexity, number of parties, and objections. Mediation or mutual consent can speed up the process. Regular follow-up and proper documentation also help avoid unnecessary delays.
You need to obtain a legal heir certificate or succession certificate. Based on this, you can apply for mutation of the property. If there is a Will, probate may be required. Consult a property lawyer for document drafting.
Yes, oral partition is valid in India under Hindu law if it’s proved with supporting evidence like possession changes, revenue entries, or witness testimony. However, a registered partition deed is advisable for clarity and legal enforcement.
Sale deed, encumbrance certificate (EC), property tax receipts, khata, link documents of past 30 years, revenue records, and approvals from authorities are required. A lawyer can conduct a thorough title search for safe purchase.
The limitation period to claim partition is 12 years from the date of denial of share. For inheritance, the period is counted from the death of the property holder. Delay may be condoned with valid legal grounds.