For the partition of ancestral house
Md Taufeeque Alam
(Querist) 18 October 2012
This query is : Resolved
Dear Sir,
I belong to Gumla, Jharkhand in India. I have seven brothers and three sisters. My father ( Late Shahanwaz Khalifa) has bought the land in the name of my two brothers ( Moin Khalifa and Mushahid Khalifa) and he has built the house at that place. But we had been living there as a joint family since 1960. For the convenience, we had been also living in the separate room in the same house. In 1980, I reconstructed my rooms and got the electric connection and also paying the municipality bill, without the legal partition of my house. Now I want to get the partition of my house but by brothers are not ready for this. They do not want to give the share of my house because the house is in the name of my two brothers ( above mentioned).
I want to know Can I get the share of my house or is there any right of me in the house.
With regards,
Shahid Hussain
Gumla Jharkhand
India
Hemant Agarwal
(Expert) 26 October 2012
1. If you can documentarily prove that the said House is a ancestral house, then you can file a partition suit.
2. As it is since you are staying in the said house since 1960, you are already in "Adverse Possession", and by legal default you are entitled to remain in occupation of the said House.
Keep Smiling .... Hemant Agarwal
