Title Suit Rules: Nowadays, disputes regarding property are seen in almost every other family. Many times, at the time of partition, more land is given to one son and less to the other. Initially people remain silent but later this difference becomes a big issue and the one who gets less share reaches the court for his rights. Often people feel that once the property is divided, it cannot be changed no matter what happens.
But this is not always true. If the great grandfather had given more share to one heir and less to the other children, and you feel that this division was not done properly, then you can challenge this decision and file a title suit. With this the court decides who has the real ownership rights and who should get an equal share. Know the process.
How is a title suit filed?
Title suit is a case that is filed by any person when he feels that some kind of wrong claim has been made on his property rights or the partition was not done properly. Suppose the great grandfather gave more land to one son and very less to the other children. If any of the heirs doubts this decision or feels that justice has not been done to him, then he can file a title suit in the court.
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In this case, you have to prove that you have legal rights on the land and the old partition was wrong or doubtful. While filing title suit, land papers, Khasra number, old registry, copy of will and genealogy records of the family are very useful. The court examines all these documents and decides who has what right.
How does the court decide equal shares?
When the case reaches the court, the judge sees on what basis the partition was done. Whether the will was correct or not, whether the laws of that time were applicable or not and what are the legal rights of the heirs. If the court feels that the division was discriminatory or was done without everyone’s consent. So he can cancel the old decision. In many cases, the court makes a new calculation after looking at the legal status of each member of the family.
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And orders to redistribute the land equally or according to legal rules. If the will itself is found to be false or one party has benefited more on its basis. So that part is also balanced again. The purpose of this entire process is that the heir should get the share. He should meet him and the property dispute could end forever.
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