Partion problem
trupti
(Querist) 17 May 2015
This query is : Resolved
Sir/Madam
After partion we got our great grandfather property as gift from father to Mother and kids.
a) Which is registered under my mother and kids name (4 sons and 2 daughters)
b) Now property is used by elder 2 sons from last 10yrs and promised to pay rent but from few years 1st elder son is not paying rent and using 70% of property, nor he is giving us details receipt of income tax, Electric bill nor main door keys
c) Now we are requesting him to move in corner and Utilize area as per his share.
Can my mother take help of Child and women writes center? To resolve the problem because we don’t want to get into legal issues but 1st elder son is not co operative
My mother faced lot of problem in her life because of my father and I want her old age peaceful and independent
Please help
From concerned Daughter
Jeetender Gupta
(Expert) 18 May 2015
You must timely move appropriate partition suit before his rights under adverse possession accrue where after it would become difficult to evict from those parts of property which are not his share. Take suitable legal opinion from a local advocate.
Rajendra K Goyal
(Expert) 18 May 2015
Your mother may move to women rights and senior citizen help centers. She can file case of partition.
Kumar Doab
(Expert) 18 May 2015
She can follow the advise of experts preferably under expert advise of her senior local lawyer dealing in civil/property/revenue/family matters.
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
In my opinion, even a legal notice may make things to come a negotiable platform to solve the crisis of issues, if it does not, partition suit and seeking share in the mesne profits including details of account of the revenue augmented so far will be a better choice/option. Consult a local advocate and decide further issues.
