Partition of the ancestral property
Gurjinder Flora
(Querist) 27 June 2013
This query is : Open
This property of 80 Sq.Yds Plots with a loan of Rs.1000/- to built home to every family from central government after some major tragic happens in 1960s. Rightful owner of that time had sale this property to new owner.
This new owner had purchased this property on her wife name and kept all power of attorney on his name. He constructed ground floor only. New owner died in some mis-happening in 1980s, leaving his wife, three sons and one daughter.
From this new owner's family only survival are two sons (owner 1 and owner 2) and others have deceased.
Daughter of new owner have 2 daughter and 1 son those are married.
Owner 1 have one son and daughter, those are married.
Owner 2 have one son and two daughters, those are unmarried at the time.
In 1990s, owner 2 moved out with his family from ground floor and shifted to constructed half portion of the said property on first floor and in later half of the 90s he constructed (kachha) same half portion on the second floor. Owner 1 have 1/3 part of first floor of the said property in there use.
Owner 2 had borne all the expense of the construction took place on first floor and second floor. Owner 2 had also spend lots of money on taxes ( House tax and, electricity and water), medical expense of mother and owner 1 and marriage expense of owner 1 and his children. Owner 2 is having all the proof of the government expense paid till date.
After this construction, in 2002 mother of owner 1 and owner 2 died. Mother was taken care by owner 2 from her illness in 1977 and later she shifted with owner 2 on first floor.
Now in today date, owner 2 have started renovating kachha construction to pacca from his and his son own expense. As proof, owner 2 have photographs of all the renovating task carried out at the moment.
Now issue arises that, owner 1 son have raised and ask for the share of the said property.
Q1. Is it possible that owner 1's son can get any stay order on renovating carried out by owner 2 ?
Q2. What is possibility of partition of the said property as the second half of the property is non constructable due to its old design of ground floor?
Q3. Can owner 2 file any suite against owner 1 for expenses spent on him?
Q4. Owner 1 daughter in law have even harmed owner 2's family social status in the area by spreading some untruthful facts, can something be done around that?
I have even attached a rough map of the property division in this mail.
