What is the legal process for partitioning property with missing successors?
What is the legal process for partitioning an ancestral property when the whereabouts of two successors are unknown to the other successors?
The partition of the ancestral property takes place under the Hindu Succession Act 1955. The partition suit can be filed in the civil court under Section 9 of CPC by any co owner. Along with it, you can publish a notice in the newspapers about the whereabouts of the belonging of the property and inform about the partition of property. The preliminary partition decree will be issued which can be executed to get the share of property that is done by the court commissioners. The missing successors can claim their share within 12 years from date of partition decree under the Limitation Act 1963.
Sir, you can file a partition suit in court of law which will mandate the court to divide the property among the known successors. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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