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Umesh S Pachapur (Proprietor)     22 May 2015

After partition deed the position

Respected Experts, 

This is humble requestion to suggest me regarding the position after partition deed. we are three brothers and I am the last one, and we all three got together and done the partition deed with mutual understanding. One commercial plot is parted to elder brother, and residential plot is parted to second one and the residence is parted to me. earlier the residence was partially occupied by second brother. and one month before the partition deed second brother shifted to some other place and put the lock to the vacated house. Now the partition deed was executed in the registrar office before five months (sixth is running). Till date second brother neither gave the keys to me nor handed over to me. Now What should I do for this. Please suggest. I have requested him many times, his intention is not good, intentionally he is asking for single room for his personal use and I am not interested in doing so. Kindly suggest Whether I should should open the lock?



Learning

 3 Replies

bsrao   22 May 2015

First issue a legal notice that he would be liable to pay Rs. so and so towards rent of the property he is currently occupying from the date of partition deed. If he does not respond, file a case of specific performance of others who are parties to the partition deed including the claim for mes ne profits.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 May 2015

Sir,, If the partition deed is executed and registered at the registrar office then your brother becomes in the illegal occupant of the property now .... Better seek the permanent injunction and get him out of the property ... Warm Regards Kapil Chandna Adv 9899011450

Amit keshri (Mangar)     23 May 2015

registered partition deed is sufficient evidence of a legal partition amoung the persons and it shall be binding on the parties in its letter and sprite. as per u, your second brother is not giving possession of the house as per partition took place amoung u, the remady lies for u to take the shalter of court to file eviction suit on the basis of partition deed, if there is no specifice terms and conditions mentioned in the partition deed with respect of broken of key for taking forceble possession of the room. if u open the key without his consent he might be filed a criminal case against you for your such act.


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