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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Heirs' property disputes on forestlands, partition actions, and the determinants of court verdicts

Tiwari, Mahesh Prasad 08 December 2023 (has links) (PDF)
Heirs' property is generated through the intergenerational transfer of a property to several co-owners when the original owner dies without a will. Such co-owners hold undivided fractional interest in the entire land but lack a clear title. Co-owners face several legal, financial, and technical constraints to manage the forestlands and often seek partition of the land. However, the legal environment and empirical assessment of partition actions on forestlands owned as heirs' property has not been examined. This thesis evaluates statutory laws relevant to forestland partition and the factors instrumental in adjudicating partition lawsuits. The findings reveal that partition lawsuits are primarily adjudicated using common law rather than statutory law. The magnitude of co-owners' fractional interest, the income withheld from forestlands, and the presence of absentee co-owners favor partition claimants. The study results have implications for heirs' property owners, legal entities and personnel, and policymakers.

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