Joint property partition dispute

Sakshi (Querist) 08 February 2013 This query is : Resolved
Hi,

My father has joint property with my Widow Aunty after my uncle's death. There is a shop in front of the road on ground floor and my Aunty's house is on 1st floor. Its "L" shape propery. In back portion of "L" shape we have godown on the ground floor and our house is on first floor above it.

Now my Aunty wants to construct her house again on first floor and second floor and for that she wants partition of the front shop and wants to construct the shop again from base beacuse earlier the roof of shop was made of Garder Pather and now she wants to convert it into a proper lenter made of iron and cement. But we do not want her to reconstruct our single shop into two shops owned by each of us individually. The reason being that we are not in a state to run separate business (ie. shop) at present. Also if the partition of the shop is done in this case we wont be able to sale the shop as a separate portion in future because her house would be on first floor which cover both of the shops because total front is for 18 ft.

I want to know the legal remedy available to us in this case on urgent basis and also the implications of any legal action taken by us on her front.

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Advocate Ramesh (Expert) 08 February 2013
legal remedy is your father to file a injunction suit in correspondent court and get stay for getting construction.

Sakshi (Querist) 11 February 2013
Thank you so much Sir. Can you please confirm do we need any FIR to file a injunction suit? Also how much it would expense to us. We have this property in hansi(hissar)in Haryana and my father is very aged so we have to go there from Faridabad and all this.

Also please let me know how much time it will take to file a suit and get stay.