Partition of ancister property and declaration of self acquired property.

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
sir,
We belongs to a joint family but we reside separately since from our marriage. we are working in a govt organisation and both of us are having separate income. we have purchased some land in my husbands native place and constructed one small house there. We have permitted our parent in laws and brother in law to stay in that house. All was going well till my brother inlaw got married. After marriage slowly he started small quarells in the house and situataions became worst due to mis understanding with the family members. After all types of discussions and mediations without any alternate choice my husband filed suite for share in ancister property and declaration for his self acquired property. Now my brother in law is disputing for his share in the self acuired property with false interpretation of joint family. We have not utilised any fund from joint family income. My father in law had sold some of his property during 1992 in the sale deed it is mentioned that reason for selling is to purchase a new land. But we had purchased the land in 1993 and constructed house in 2001. Is there any possibility of clubbing both the self acuired and the ancistor property for partion. Since from 2007 the case is runnig. Can we ask any one of the sistors to put pressure for partition of ancistor property to settle early. Mean while my brother in law is not allowing us to enter in to hte houae which we have constructed. Is ther any provisions in law to go to our house as and when we like without any dispute. Plase advice us the best possible rules favouring our case.

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Devajyoti Barman (Expert) 15 November 2011
It is quite a common example that in the partition suit the defending party tries to include self acquired property for the purpose of its getting a share through the court.

In the trial you have to prove that the said property is indeed a self acquired one. If you succeed to prove then nothing to worry about much.

For entering the house you have to file appropriate petition in the trial court itself.

Rajeev Kumar (Expert) 15 November 2011
Yes i agree with mr.Barman

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