Guruprasad (Lead) 22 April 2022

construction after sending legal notice

Hi All,

Both my father in law and mother in law passed away. My wife and brother in law Property(one site) is not partitioned yet as my brother in law dont want to give our share so shall we construct house in the share of our property after sending first legal notice if not responded.

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5 Replies

Dr J C Vashista (Advocate) 23 April 2022

Same query has already been replied multiple times as observed from your profile :

posted a new topic in Forum construction after sending legal notice

posted a new topic in Forum Procedure to file a partition suit

posted a new topic in Forum delay in partition and situations

posted a new topic in Forum online EC in kauvery portal

posted a new topic in Forum stop for partition

posted a new topic in Forum right of femal property

posted a new topic in Forum occupy without partition

1 Like

Guruprasad (Lead) 23 April 2022

Hi ,
Thanks for raising the concern. I hope all the queries and cases can be questioned untill we get the satisfied answers. one case or query has many ways when we think different time and looks in different ways. No problem if this query is unable to answer.

Divya Vijayan 23 April 2022

Hello sir!

If the said property is an ancestral property, then both your wife and her brother has an equal share in the property and your wife is entitled for receiving her share. A legal notice for partition of the property is required when one owner in the joint property is willing to partition the property , however, other joint owner deny to do so, a legal notice for partition of suit can be sent to them. Also a partition deed is required for the said partition to take place. It needs to be executed on a stamp paper and registered with the sub-registrar's office. After registration, it'll have a legal and binding effect. After the division through the partition deed, each member becomes the independent owner of their share in the property and is legally free to sell, rent or build a house.

Kindly refer to the below mentioned link:-

https://www.lawyersclubindia.com/articles/partition-and-release-of-property-8100.asp

Shashi Dhara 23 April 2022

Now no question arises whether it is ancestral or self acquired if he has died intestate both get equal share ,file suit for partition .

Divya Vijayan 23 April 2022

Hello sir!

Both are entitled to their share in the property. A legal notice (section 80 of CPC) can be sent to the other party. The Partition Act, 1893 allows an individual to assert their rights over the portion of the property jointly shared by him or her with the other joint owner of the same land. Property undergoing partition would be distributed among the legal heirs in a manner ordered by the Court.

Kindly refer to the below mentioned link:-

https://www.lawyersclubindia.com/articles/partition-suit-principles-practices--10449.asp