Can anyone of brother file Injunction Suit, though partition Deed?
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
Dear Learned Members I need your sincere advice:-
question 1.
My father has other 2 brothers, all 3 bothers were shared equally my Grand Father’s land (means their father property) totally 2.Acre 20 Guntas, as per sq.pet., vide Partition Deed dated 20-3-1999.
But in that Partition Deed, one small mistake that by oversight it has mentioned the totally measuring of land that 2 Acre 30 Guntas, rather than 2.20 Guntas. Now one of brother telling that he wants to sell his portion of land to build Apartments under JD, so that he wants to rectify the said mistake and modify the Schedule from Sq.pet to Guntas, in order to reduce conversation charges to build residential House.
But other brothers have not agreed to this, Hence one brother has threatenedto file SUIT against my father Property, further he told that he would get permanent injunction order (STAY ORDER) on my father property.
1. CAN HE FILE THE SUIT TO GET PERMANENT INJUNCTION ORDER(STAY ORDER) AGANIST MY FATHER PROPERTY? THOUGH PARTITION DEED?
2. For saferside Can I suggest my father to file CEAVET PETITION?
2. ONE MORE THING IS THAT MY GRAND FATHER HAS TOTALLY 7 CHILDERNS (3 MALE & 4 FEMALES). CAN MY GRAND FATHER DOUGHTERS (FEMALES) ARE ENTITLED TO FILE A PARTITION SUIT NOW ON ENTIRE PROPERTY, TO SEEK FOR THEIR SHARE? (Karnataka State)
Early answer would approciated.
R.Ramachandran
(Expert) 12 October 2010
Dear Anonymous,
To answer this query, you have to indicate the following:
(1) In which State the property is situated?
(2) Whether the property was self-acquired by your grand father or ancestral property?
(3) When did your grand father die? What about your grand mother?
aman kumar
(Expert) 12 October 2010
1, yes he can
2 .yes they can
s.subramanian
(Expert) 12 October 2010
If you give the details as above,it will be helpful to opine.
Querist :
Anonymous
(Querist) 13 October 2010
my query is that my Grand Father died on 1982, and my Grand Mother died on 2008, and totally 7 children’s (3 male and 4 female) for my grandparents. The 2.20 Guntas property was an ancestral property of my GRATE GRAND FATHER, and my Grand father acquired the same in the year 1975 (he is the only one son for my Grate Grand Father), after died my GRATE GRAND FATHER. Thereafter in the year 1999 all 3 brothers shared the property on Sq, pet basis, vide Partition Deed (They had not given any share to 4 Females), property is located in Bangalore, close to Electronics City Elevated Fly over. The Katha has been transferred to all brothers names. As I said one of my uncle (father brother) wants to rectify the mistake the Deed and he wants to show or modify his portion (Schedule) from “sq, pet to Gunats” to build Apartments under Joint Venture, so that he wants to modify the Schedule land property from Sq, pet to Gunats to reduce conversion charges. But my father and other uncle are not ready to sign for supplementary agreement, to do so. Hence other uncle is threatening to file stay order against entire property (in our father property we have built houses and leaving their). Further he is telling that he will file SUIT for partition not clear along with Female sisters. Is this possible? Can I suggest my father to file CAVEAT petition in Bangalore Court?
Other Females are entitled to get share in this land?
What action FEMALE can initiate?
Can I suggest my father to sell his portion of property?
Please advice.
