My ancestral land in Kolkata is held jointly with cousins; how do I file a partition suit?
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Below is a comprehensive legal analysis based on Indian law for your question.
You can file a suit for partition and separate possession before the civil court in Kolkata, seeking division of the joint property by metes and bounds or sale if division is not feasible. The suit should detail the properties, the co-sharers, and the shares, and a commissioner may be appointed for valuation and division. The decree is appealable to Calcutta High Court. West Bengal Premises Tenancy Act 1997 on stamp duty and registration of partition deeds applies. A preliminary decree determines shares, followed by a final decree on actual division. The court can order sale and distribution where physical partition is impractical. Limitation is twelve years for ancestral property.
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