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House property

(Querist) 18 August 2013 This query is : Resolved 
One of the 3 brothers constructed a house on 1/3 of the property space. there is no formal partition deed registered. However, the property is in not in the name of person who constructed house. He leaved there for more than 20 years and even electricty connection is in his name. Local Graham panchyat also gave the certificate to this effect that the person who constructed the house is the owner of the house and he is staying for more than 20 years after the spot inspection.

What is the right of the person who has constructed the house in the court of law in this circumstance? The person who has got the property in his name has gone to court of law.
prabhakar singh (Expert) 18 August 2013
Proving existence of house for last 20 years
before the suit leads to an inference that house built by one brother on his 1/3rd space with consent and after oral partition
among the three,no matter partition deed in writing is not there.

Even if no partition is proved,the house would be allotted to share of brother who built it.
praveen (Querist) 18 August 2013
Thanks prabhakar sir, are there any court decesion around similar circumstances.
prabhakar singh (Expert) 18 August 2013
It is simple that no court would insist you for placing citation once you prove constructions were raised by with consent and knowledge of other co owners after oral partition of your share from them some 20 years ago. Their silence forlong 20 years would act as stoppel to their claim forwarded to day.
Raj Kumar Makkad (Expert) 18 August 2013
Well advised by experts hence no more to add.
Rajendra K Goyal (Expert) 18 August 2013
Well advised by the expert prabhakar singh ji, nothing more to add.
R.K Nanda (Expert) 18 August 2013
nothing to add.
malipeddi jaggarao (Expert) 21 August 2013
Well advised by Mr.Prabhakar Singh.


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