Partition
PPBiswas
(Querist) 23 July 2017
This query is : Resolved
My father purchased a plot of land and built a one storey house on it. He giftd me roof right to build first floor. Roof of first floor as well as staircase, water reservoir etc. would be common. After death of my father, my mother lodged a partition suit for ground floor and father's share of roof of first floor. Partition suit was decreed by giving equal one third share in ground floor and half of roof of first floor to myself, my mother and sister. Before Partition comissioner could come, my mother died and partition decree was revised by giving half share of ground floor and half of roof of first floor to myself and my sister. Accordingly Partition Commissioner was appointed by me.
I had not built the common staircase upto roof of first floor as it was a common portion and I was short of fund. Instead, I had installed an iron staircase on my open balcony to access roof of first floor.
In the gift deed, my father had stated that no construction or transaction on roof of first floor could be done without taking my consent.
Now, when the Partition Commissioner started measuring suit premises, my sister and her counsel attempted to scuttle the proceedings by insisting on starting measurement from roof of first floor. But they refused to access the roof of first floor through my private staircase. Partition commissioner noted that I had offered access to roof of first floor through my private portion but defendant refused my offer.
My sister is demanding that I have to build the permanent staircase upto roof of first floor.
Now my questions to our esteemed experts are:
1. Who has the responsibility to build the common staircase?
2. Can the partition be withheld indefinitely till construction of the permanent staircase?
3. If I buy a property knowing fully well that it has inadequate or no access, can I force the seller to build the access after he has completed sale and transfer of the property?
4. During the nine years of court proceedings, this matter of lack of public access to roof of the first floor was never brought to notice of the learned court by either my mother or my sister. How can they now bring this matter up at this stage to scuttle the partition with the sole objective to continue their unauthorised possession?
I request our esteemed experts to advise me regarding my next steps. Thank you.
P. Venu
(Expert) 24 July 2017
Please state the complete facts.
Surrender K Singal
(Expert) 25 July 2017
(1) COMMON=shared; so, both have responsibility;
(2&4) When the Report of PC is perused by Court, the issue can be raised for suitable directions to the impasse;
(3) No
krishna mohan
(Expert) 27 July 2017
As the issue is partition within your family and both of you have equal share in ground floor and first flood quite natural share the expenditure also in same proportion so that issue is smoothly resolved.
