Anticipating a property dispute

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Online (Querist)
28 July 2015

Respected Sirs,

We, 4 sibling & our mother occuping and possessing a property whose title jontly in the name of our late father Shivan and his late brother Sudhakaran.. by registered partition deed of 1960.

The late brother (Sudhakaran) of our father expiered in 1969 unmarried without wife or children.

They have other brothers, late Sreenivasan and late Sankaran

The said property consists of an old house and old two Rooms in the road side. ( which is in our possession, since partition)

Now we plan to start a coffe shop in the two rooms. which is by the side of road.

We anticilate dispute or objection from some of the Legal heirs of late Sreenivasan & late Sankaran as Class II heirs for the property of late Sudhakaran.

My doubt is if we open the coffee shop, can they bring in stay order or injunction etc., to stop opening of the shop?

Even if they venture to do so, is it not that they have to bring in stay with a partition suit?

There are more than 50 legal heirs as class II heirs of late Sudhakaran, who are scattered in various parts of the country and abroad.

Whether the court will allow the stay or injuction against us or can we start the coffee shop and run it, even they file a suit for partition.

Kindly enlighten me sirs...

P. Venu Online (Expert)
28 July 2015

It is a better option that you file a suit for partition under the Partition Act.

Kumar Doab (Expert)
28 July 2015

After the registered partition deed the status of the property should have changed to self acquired.

If owner of the self acquired property has died without leaving a valid WILL and none amongst ClassI Legal heirs are available then ClassII legal heirs shall come into picture.

The legal heirs/successors have a right to approach court if their rights are infringed upon.

Partition is an option.

M/s. Y-not legal services (Expert)
29 July 2015


so 4 brothers. deceased sudhakaran is unmarried and and died mean who are the available person at the time of his death? if his mother is alive mean she will be a sole legal heir for his share. 1/2 of the property which was wlong with your father name.

M/s. Y-not legal services (Expert)
29 July 2015

i hope sudhakaran's mother may be passed away earlier than him. right?

if it is so the existing co birth are the 2nd class legal heir. as of you stated, other 3 brothers are the legal heirs.

now my question is.. is your father alive at the time of sudhakaran's demise?

M/s. Y-not legal services (Expert)
29 July 2015

if it is so, all the three brothers are entitled to claim equal share of his 1/2 of the property as 1/6+1/6+1/6=1/2.

as of this your family is entitled to 7/12.

suppose your father passed away earlier than mean except your father other 2 co-brothers only the legal heirs.

in this situation your family is entitled to your father's share alone as 1/2, your step father family (2 family) is entitled to sudhakaran's share.

so they can go for partition along with stay till the disposal of the partition case. even though they are entitled to claim mesne profit if any.

mesne profit mean if any income through the undivided profit.

hope you may clear now.

M/s. Y-not legal services (Expert)
29 July 2015

you want a remedy to anticipating the property dispute, may consult a local lawyer.. as well as you can approach your concern court by filing a caveat paetition.

it is mean your step father family can not get any exparte injunction/stay without hearing your side.

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