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Pritam Gupta (Teacher)     05 March 2014

How to counter forceful possession

We live in an undivided property built by my grandfather. My father and his two other siblings have their own allotments in the premises as per an unregistered Family Settlement. However after my father's death, I was suppossed to get 50% of my father's allottments to stay as my father had died intestate and I have only one other sibling. However this other sibling by mere forceful possession has taken up the majority of my father's allotments about seven years ago, and also holding on to most of the other movable assets of my fatheras well. Though me and my other sibling had signed an unregistered Agreement for sharing our father's assets more or less equally, most of the conditions here have also been violated by this other sibling.

Consequently I had filed a partition suit to get 50% of my father's assets but this has proved to be a boomerang as my cousins have started to exploit it. There is now a big possibility that my father's usage area itself might go down from the present amount if I continue to pursue my partition stand. Also my other sibling has now produced my grandfather's Will and given it for probate and this talks against partition. By all understandings this present legal entanglement will take at least a couple of generations to disentangle itself.

So my question is that Can there be a way by which I can get 50% of my father's allotment in the premises to stay in the meanwhile. Though a partition case has been admitted to court but like I said I am unlikely to get any relief from this in my lifetime as various other angles are also opening up.  In fact I am thinking of withdrawing my Partition suit if possible due to its potential for exploitation by my cousins. Can the unregistered Agreement that was signed between me and this other sibling be enforced? Would a Specific Performance suit be appropriate for my case? Can I file for reimbursement say as per rental value for areas that this other sibling is holding on to  beyond his natural 50% right? Any other way to get my share in my father's movable assets as well without partition?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 March 2014

Under Section-23 of Registration Act, an agreement can be registered within 4 months from the date of its signing. It means that it can be allowed to be in the condition of “Un-Registered” or “To be  Registered” and is valid. That is an unregistered agreement can be enforceable in any Court within 4 months.

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Pritam Gupta (Teacher)     05 March 2014

Thank you ramachary64@gmail.com for your response. That Agreement is now 7 years old. So, can't I file a suit using this unregistered Agreement for damages due to its non-fulfillment? Can this other sibling refuse to accept this Agreement now just because it is unregistered? Can this be done even when a partition suit is ongoing?

Even without this Agreement I am supposed to receive 50% of my father's assets and allotments as we are only 2 siblings and my father died intestate. As stated before, the partition and the other ongoing suits will not be solved during my lifetime.So, any other way?

T. Kalaiselvan, Advocate (Advocate)     05 March 2014

The best thing is follow up the partition suit vigorously so that you can see the benefits soon.  Dont worry about the cousins threats to file subsidiary suits, let them do it, see how far that is maintainable. Only if you show that you are frightened, you will be taken fora ride, face the situations confidently and properly.

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