SS (VP) 09 March 2010

Ancestral property

An ancestral property (residential plot with house) was partitioned about 50 years ago. All the three partitioners have signed the partition deed registered. The partitioner seeking advice here has also municipal khata made in his name. He did not stay in the place due to his job compulsions. one of the brothers who continued to stay used all the three portions beneficially to stay until about 5 years ago. The house was rented and the part to the partition had initiated eviction procedure under unauthorised occupation.

The partitioner want to get the property in to his possession and raise funds for his children's business. This is being forcefully opposed by one of the party to the partition deed who is occupying the estate as stated above.

What are the legal angles to this case and how can the original title holder get possession?

I am a beginner law student and request the suggestions/ advise of this forum.

Regards

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3 Replies

Suchitra. S (Advocate) 09 March 2010

The partitioner has to file a suit of possession of his property in the Civil Court of proper jurisdiction.

SS (VP) 09 March 2010

Thanks for your response,

In the case of suit for possession by one brother who is not staying in the property on an another brother who is enjoying the property, will the financial status of the individuals / families play a role in the justice administration process. The brother who want to file a suit came up the hard way and settled himself and his children. The one who is enjoying the property staying there is financially weaker for reasons that he did not put in much efforts to settle himself and was happy with what he had but did not belong to him. He might be a little better off now due his children's efforts to earn and sustain the family.