Ash (advocate) 25 February 2015

Possession in property(partition)

Hi,

Being in possession of a property as I am a married woman help in getting the Property Partitioned early? My brother who is in possession of the whole Independent house is not letting me to enter the house. He is locking the door and gates always. I was asked by the lawyers here on this site to file a Partition Suit asap. I am ready to file the suit, but I also wish to go and stay in the house which has to be paritioned. So what should I do? mention anything in the suit? Please Advice !

Regards

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 February 2015

Dear, Seek interim order as residence in the property with partition suit ... But since you are married and must be staying with your husband then the court may be reluctant to pass such order unless find any compelling reason to do the same..... Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate) 02 March 2015

What is the necessity for you to enter into house in which you will not be going to reside?, you may file a partition suit, wait for the disposal of the case by which you will be allotted with your share and separate possession on which you will have full rights.

Ash (advocate) 02 March 2015

Kalaiselvan Sir,

As i was told that being in possession will be an advantage to the partition suit i will file. Also Kapil Sir(above) has told that me being a married woman, the court will be reluctant to pass an order i was hoping to go and stay in that house somehow and then file the suit. I just want to know how much time will it take for the order to be passed? My brother is less than a devil in a human form and will buy as much time as he can till he survives on this earth and will not get the house partitioned. He may also file appeal after appeal from lower courts to higher courts, hence, i will like to go and stay in that house.