Obtaining partition of land through court
samuel
(Querist) 11 October 2012
This query is : Resolved
Sir,
My father expired about 15 years before without making any will about his property. I and my brother have difference in opinion about sharing the property. I want to know the cheapest way in which I could get partition of the property through court. Also I would like to know the procedure to prevent my brother from making new constructions in the land before getting it partitioned.
adv. rajeev ( rajoo )
(Expert) 11 October 2012
You have got equal share along with your brother. If your mother is alive and you have got sisters they are also entittle for the share. There is no cheapest way in the court to get partition. File a suit for partition and apply for the injunction order as not construct the building till the disposal of the suit.
samuel
(Querist) 11 October 2012
The land is a costly one and I cannot afford to pay the court fees for filing partition suit. My brother knows this and is using this as an opportunity to encroach my share. So I request you to kindly tell me if by any other means I could stop him from constructing further in the property without filing a partition suit till it is partitioned.
Arun Kumar Bhagat
(Expert) 07 November 2012
By convincing him with elders in the society.