Partition of Property - Partition Property Law- joint property ownership disputes in urdu
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- Опубліковано 9 лис 2024
- Mistakes in partition cases
PRECAUTIONS BEFORE PARTITION OF IMMOVEABLE PROPERTY
1. Who is co-sharer or how any other person also becomes co-sharer in joint Khata?
2. Which Parties should be impleaded to the suit/ application?
3. Which Property to be included in suit/application?
4. Proper Forum/ Court?
1. Who is co-sharer or how any other person also becomes co-sharer in joint Khata?
a. Land/ Property inherited to legal heirs by their father/ mother/ forefather
b. Land/ property jointly purchased by 02 ore more persons
c. If 05 persons are co-owners in any joint Khata, one of them sells out to any other person (Yasir). The subsequent purchaser (Yasir) also becomes the co-owner along with rest of the 04 persons.
2. Which Parties should be impleaded to the suit/ application?
a. All the co-owners which includes subsequent purchasers as well who purchased the land from Joint Khata as detailed above.
3. Which Property to be included in suit/application?
a. All properties/ land should be included in application/ suit. No pick and chose is allowed. Means no partial partition is allowed.
4. Proper Forum/ Court?
a. The court within local limits of whose territorial jurisdiction, the property is situated.
i. The partition application/ suit of property situated in District Sialkot, should be filed in District Lahore.
b. Property Type (Agricultural, Commercial or residential)
i. If agricultural, then Application is required to be filed before Revenue Officer (Tehsildar) under Land Revenue Act 1967
ii. If commercial or residential, then suit is required to be filed before Civil Court.
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