Property dispute anticipated in future
Bhani Athreya
(Querist) 17 October 2014
This query is : Resolved
Hello Learned professionals...
Regarding My Father's share of property which he received by way registered partition deed of 1958. My father received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C) who died in 1969. They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are married have family & children.
Now a few months back, we approached both my uncle-A & my uncle-B family to clear the title of the deed which is jointly held by my father and deceased unmarried brother. Though we offered a decent amount, SOME of the family members of uncles want to sell the property. We don't want to sell the ancestral house as my mom and brothers are emotionally attached to it. we are staying in the house for the last 50 years or so... They had not approached us so far for any share, we only offered decent settlement.
Any way while we expect to settle the issue amicably, we foresee a delay of one or two years in settling the issue with discussions.
We plan to have annual maintenance or renovation of the house before next monsoon. If we start do repairs, can anyone stop us by a stay order or injunction.
Please guide us
ajay sethi
(Expert) 18 October 2014
as on date no suit is pending . you can carry on renovation of the house . you are merely doing painting work etc . no structural alterations are being carried out
P. Venu
(Expert) 18 October 2014
Is the property partible or is it impartible?
Bhani Athreya
(Querist) 19 October 2014
Respected expert Sri. Venu Ji & other learned professionals...
I think its patiable.. Rectangle Land is approx 4000 sq ft with 17 meters of road frontage...
We like to settle the issue amicably by giving decent amount...
If the court also favors a partition,
1. Can we (major share holder.. around 60% of total property) ask for our preferred piece of land... that is east side or west side?
Normally how long it will take for Decree, if either of the parties go for partition suit from lower court to apex court..
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
As of now there is no suit pending in the court(?), so better wait for the ripe time for partition/settlement and decide about it at that stage, for the present, you can carry over the annual maintenance work of the building as usual.
Bhani Athreya
(Querist) 26 October 2014
Respected expert Sri. Venu Ji & other learned professionals...
I think its patiable.. Rectangle Land is approx 4000 sq ft with 17 meters of road frontage...
We like to settle the issue amicably by giving decent amount...
If the court also favors a partition,
1. Can we (major share holder.. around 60% of total property) ask for our preferred piece of land... that is east side or west side?
Normally how long it will take for Decree, if either of the parties go for partition suit from lower court to apex court..
