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Basavaraj (Asst, Manager-Legal)     12 October 2010

Can suit file for PERMANENT INJUNCTION though Partition Deed

Dear Learned Members

 

My father has other 2 brothers, all 3 bothers were shared equally my Grand Father’s land (means their father property) totally 2.Acre 20 Guntas, Schedule Property shared between the brothers as per sq.pet., vide Partition Deed dated 20-3-1999.

 

But in that Partition Deed, one small mistake that by oversight it has mentioned the totally measuring of land that 2 Acre 30 Guntas, rather than 2.20 Guntas. Now one of brother telling that he wants to sell his portion of land to build Apartments under JD, so that he wants to rectify the said mistake and modify the Schedule from Sq.pet to Guntas, in order to reduce conversation charges to build residential House.

 

But other brothers have not agreed to this, Hence one brother has threatenedto file SUIT against my father Property, further he told that he would get permanent   injunction order (STAY ORDER) on my father property.

 

1. CAN HE FILE THE SUIT TO GET PERMANENT INJUNCTION ORDER(STAY ORDER) AGANIST MY FATHER PROPERTY? THOUGH PARTITION DEED?

2. For saferside Can I suggest my father to file CEAVET PETITION?

 

2. ONE MORE THING IS THAT MY GRAND FATHER HAS TOTALLY 7 CHILDERNS (3 MALE & 4 FEMALES). CAN MY GRAND FATHER DOUGHTERS (FEMALES) ARE ENTITLED TO FILE A PARTITION SUIT NOW ON ENTIRE PROPERTY, TO SEEK FOR THEIR SHARE? (Karnataka State)



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 October 2010

Your father's sister can file a partition suit for their share in the property in view of the Hindu Succession (Karnataka) Amendment Act 1990 by the virtue of which the daughters became coparceners along with the sons. If your father files a caveat then, no exparte order shall be passed behind his back and notice shall be first issued to him.

1 Like

Basavaraj (Asst, Manager-Legal)     13 October 2010

Hi Archana,

Thank you for your advice.

Can you advice clealry on my doubts that(1) My father heldest brother is threathend to file SUIT for stay order, Can he file SUIT, though Paratition Deed?

 

(2) That other 4 females are entitled to file a SUIT, at this stage, though Paratition Deed, the said Deed is laready registered.

suraj ananda pakhare (laywer)     14 September 2011

under sec.41 of the specific Relief act

suraj ananda pakhare (laywer)     14 September 2011

under sec.41 of specific Relief act (Injuction when refused )

narendra.s.p (Chief Manager(Law))     11 October 2011

The deed of partition dated 20/03/1999 , although registered ,can be challenged by the coparcerners, subject to limitation of 12 years. Minor can challange th same within 3 years of his attaining majority. Female coparcerners who have acquired right to the property by amendment to the Indian Succession Act can approach the court to repartition the properties. After obtaining court orders for partitiion (by meats and bounds) under a final decree, the coparcerners can take their share. However, Permenant injunction cannot be granted to restrain another person from enforcing his / her rights.


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