Suit for Partition against Co-owner
Aman
(Querist) 10 May 2015
This query is : Resolved
A & B are co-owners in a joint agricultural land measuring 5 acres. Share of A is 4/5 th, & Share of B is 1/5 th.
B being a co-owner, & without the consent & knowledge of A, got prepared a Site Plan, & sold his whole 1/5 th share of 1 acre, in form of Plots of Shops & Houses, located at different prime locations of the joint property. Not only this, B left no area out of his share for the passages, he actually left for the access of the plots he sold to his vendees.
Many vendees of the B, after getting the sale deeds executed in their names for specific portions of joint property, raised constructions in many different locations of the joint property & started using the passages also to access their plots.
A came to know this whole thing later now, what are the legal options left with A ?
Jeetender Gupta
(Expert) 10 May 2015
Filing a Suit for partition. But a question will arise why did you not notify or act when these things took place (cause of action).
Dr J C Vashista
(Expert) 10 May 2015
Get the property partitioned and consequential possession by filing a civil suit through a local lawyer.
Aman
(Querist) 10 May 2015
Sir..Thanks for your valuable advise..!!
In partition suit, will A get his land in continution on one side, irrespective of the possessions & constructions done by the vendees of B, on many different prime locations of the Joint property ?
Advocate Bhartesh goyal
(Expert) 10 May 2015
File suit for partition and injuction against B and also make vendees as defendant in suit.
Rajendra K Goyal
(Expert) 10 May 2015
Agree with the expert Advocate Bhartesh goyal.
Kumar Doab
(Expert) 10 May 2015
Agreed with Mr.Goyal
Aman
(Querist) 10 May 2015
Thanks to All Experts for their valuable advise.
Sir, but my question is, after partition, will get A get his land in continution on one side, irrespective of the possessions & constructions done by the vendees of B, on many different prime locations of the joint property or the Vendees of B will be accommodated as per their respective possessions?
MANOJ HARIT
(Expert) 10 May 2015
A will get his share in continuation on one side if the suit is drafted properly and the vendees of B (especially the ones who r occupying land coming in A's share) AND if the suit is decreed.
Dr J C Vashista
(Expert) 11 May 2015
Since you have no alternative but to hire professional services of a local lawyer, let him apply his ability, agility and judicious mind for remaining questions with respect to your query where experts have already given you sufficient FREE OF COST inputs to proceed.
malipeddi jaggarao
(Expert) 11 May 2015
Nobody will believe your story. A is owner of 4/5th share. B is 1/5th. How can this 1/5th owner sell away his share identifying prime spots in the entire property? What A was doing when these things are going on? Nobody will keep quiet. Who are those purchasers entered into transactions without looking into the rights of A & B? This is only a hypothetical question to take ride on experts.
T. Kalaiselvan, Advocate
(Expert) 11 May 2015
This appears to be an academic query to update classroom knowledge. It cannot be possible for B to act on his own to sell a particular portion of property out of the jointly held property without proper partition or demarcation of his share especially with out the knowledge of the co owner that too it will be a surprise that A was not in the knowledge despite building have been constructed and completed on such properties.
