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shailesh   15 September 2016

Civil suit for partition and injunction

Joint Property

Hi!

We are joint owner of a property (Shop/Garage), which was purchased in 1992 in names of my elder brother and me. We are equal owners, we have done proper sales agreement, and submitted in the society, but we haven't done property registration on that time because it's was not mandatory. On agreement his name is first and second is my name.

on that time we are staying in joint family. All transactions and decisions were taken by our father, and our relation was in good terms, same time he was running electronic repairing and service business on that property, for that i had given NOC.

All society maintenance and electric bills are paid by him till today date and I haven't demanded any share on business profit.

Early stage, I was helping him in the business after I got job in 1993, I was busy in my career ,in my free time i was helping him in his business.

After marriage, I was separated from joint family in 1999.

He too got separated from joint family in 2005.

Later on his business was not doing well,  in year 2006 our father taken decision more than half front part of our property to be given on rent, in the remaining part he was running his business. At that time he had taken my concern for leave and license agreement. I never demanded my share due to his financial condition.

Due to this, he started taking advantage of me.

Later on for any transaction and renewal/New agreement, he never took my concern and I had already warned him and also sent notices regarding this, also sent letter/notices to society and BMC, but till date, no action on this matter was taken.

Now finally, I have decided to file a civil suit for partition and injunction on property in the court.

All papers related to the property are with him, I don't have any paper related to the property except copy of share certificate and society letter.

Society is not ready to give me a copy of sales deed and related property's papers.

 Can I file suit on basis of this paper?



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     16 September 2016

1.You can file the suit partition of the property, if the property is ancestral even without documents.  You can also seek certified copy of any documents from Municipal Corporation or any other authority, with whom they were provided by your father and brother.

You can demand the  society to provide the copy of such document available with them, as it is in your name.  Get a legal notice issued to society also.

While filing suit for partition, originals or certified copies can be filed after issues are framed and court may not insist for filing those documents with plaint.

Contact a Capable Advocate and he can take care of all these instead of bothering about these matters.  It may appear as serious to you but they are routine matters to Advocate.  Once you have decided to file a suit, forget about the outcome and trust your advocate.  Have peace of mind.


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