Civil Procedure Code (CPC)

Partition suit

This query is : Resolved 

30 August 2011

we are 4 brother . I am younger of them .my father is a business man and we have a partnership business firm(father and sons name means father and we last 3 brothers except elder brother) in “x”villege that time whr we 3 brothers are staying with parents jointly .that time I was not married. But in that business period, my father was purchase some land in my 3elder brothers wifes name well as that time I hv completed my bsc exam and passed out.after that I came to villege and join in fathers business . during that period I have purchase a land out of my school,college stipend money with concern of my father.after i got a job as a headmaster in a govt high school.then I left from business and join as a headmaster in a high school which is 60 km distance from our villege.after that I married and staying with my wife in my job place. our elder brother also a head master of a high school and staying with family in our house which is standing in our fathers name in "y" villege. But un fortunately after some year our business firm is run in fall down due to mismanagement and misunderstanding between middle two elder brother and they did not respond ours fathers word. bcouse he is too old.after that some disputes arises with our brothers . the middle two brothers are close the business completely and stay separately in that house. But they did not convey to saletax office that we are closed our business and nor they cleared the sale tax dues. Saletax officer notice to them to clear the tax but they did not respond that. After some day saletax officer staff came to my residence and say plz clear the tax . bcos iam also a partner in that business then I said to him go to our villege and talk to ou father regarding this .that time I am a source of income frm government so they send a notice to bank and strictly ban for my bank transaction. That time I hope less I talk with my brothers but no body will help me . after I have to bound to pay the dues of sale tax .i have taken loan from my wifes father ald clear the tax and same day I get a release order frm sale tax 1989 father decided to divide all property in our brothers. they called us and also two witness . He divides the property. But my elder brothers are said to me that u have to include that land in this partition (which is purchased out of my stipend money )otherwise u never get the same share from all I am younger of them and father request to me psz agree with them. After all I agree with them.but all the partition are made in white paper but not registred. We are all agree to that. After som day my 3elder brother is planning to sale the som land which is purchased in his wifes name jointly. They came to me and take a sign of mine as a witness in sale deed but they never give my share but still iam silence ,our father died on 1997 and after som year my mother also two sons are doing a businees in another villege and they purchased a land in 1999 there in my wife’s name.i am retd frm my service on 2002 .. then i go back to my villege with my furniture and goods by a truck but unfortunately the elder brother and his sons strongly refused to enter in that house they said go to elder brother and stay in that house. after a long talk how ever they keep my goods inside my room where I am staying during aloted my father after my marriage and I have locked that. I talk to elder brother regarding this but does not respond me .afetr all I have decided to built a house in that place which is purchased in my wifes name . I have taking loan frm bank and my gpf money to construct a house above that land and also my sons giving money to built that house. becouse they doing business ther. now iam staying here with my this period my middle two brother expired in different year. and his sons are not allowed to me to enter that house. In this period I sale the land which is in my name indivisually and they also demand that.but iam not giving the share to them
and also my big brother not interested to cooperate me.all the property stands in my fathers name . i have filed a partition suit and injection suit on them but they hv giving a written statement that his fathers(middle two brothers expired) are giving money and his sons are giving money and lobour to above constructed house which is in my wifes name.and they saying he is astill membership of joint hindu family and that property also included as a joint property. so is it possible as per law to be treated as a joint property which is i built up out of my GPF money and bank loan and my sons income.plz give sugession regarding . thanking you

Dr Anil Kumar Singh (Expert)
30 August 2011

No , Since the partition has taken place and you are building house on the purchased land , it can not be claimed as joint family property.

Raj Kumar MakkadOnline (Expert)
30 August 2011

Your case is very good and there are full chances of its success because the plea of your brothers/their sons is not tenable before law.

prabhakar singh (Expert)
30 August 2011

I share with opinion of both the experts.

M/s. Y-not legal services (Expert)
01 September 2011

Am also agree with experts..

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