Unpartitioned land ownership
samuel
(Querist) 15 December 2011
This query is : Resolved
My family my brother's family and my mother are living in a house given to my father by my grandfather. My father expired more than 10 years before without making a will. The house is a tiled house and does not have any floors other than the ground floor. Now my brother with permission from my mother is constructing the first floor. Though I objected he will not listen. Can he take ownership of the area he constructs. If so how can I stop this. At present the court is not functioning due to some strike in the court. Thank you in advance for your kind suggestions.
M.Sheik Mohammed Ali
(Expert) 15 December 2011
until partition no one occupying any share, if he constructing a floor he will not a owner until get share, if you want file a case either go district court.
Raj Kumar Makkad
(Expert) 15 December 2011
Even if your brother constructs any additional portion, she is doing so at his own risk because as and when the partition shall take place, you shall be entitled to inherit 1/3 share (1/3 for your mother. 1/3 for your brother) from the entire property but despite of that you can restrain him occupying a specific portion without getting formal partition and for that you shall have to file a civil suit. You file it even if the strike is going on so that it may get recorded and appropriate proceeding may take some more time.
Devajyoti Barman
(Expert) 16 December 2011
This property has broadly two shares between your father and his brother upon whose death it is further divided among their legal heirs in equal shares.
So whatever constructions he makes, he can not deprive your due share in it.
However to avoid any complication do file a case for partition and injunction once the court starts functioning.
Shailesh Kr. Shah
(Expert) 17 December 2011
Agree on common opinions of all learned experts.
samuel
(Querist) 28 December 2011
The discussion is extremely useful to me and I than each and every expert who has contributed to this discussion. But one thing is not clear to me. If I am silent when my brother constructs in the unpartitioned land and after many years ask for the share. How will the court partition the land. Will the court give any consideration to my brother because he has constructed by spending his money? If so what will be the consideration. Thank you.
