pkpatra (NA) 20 September 2012

Partition suite

Hi,

We are 4 brothers; live in one house constructed by by father. House is in my fathers name who is no longer alive. For last 20 years, I have been living away from my native place due to my job.

My elder brother has occupied large portion of the house. Other two brothers have also occupied quite a large portion of the house. I just have 1 room, thats it, which I use when I visit my native place with my family.

Recently, when I wanted to construct another bedroom with kitchen & bath, my elder brother objected saying that he will not allow me to construct that house. My other brothers remained silent too. I think they do not want to give my share of father's property to me.

What should I do in such situation? Can I go for a partition case? How much would I have to spend and how long does this process take? Please advise.

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3 Replies

Anish Thakur 7018812737 (advocate) 20 September 2012

If your father had left no will or the property is ancessostral property you have equal share in the property alongwith other brothers and sisters,you can ask for partion suit /for your share in the fathers property and no one can deprive you from that ,rest the question of expenditure depends is wholly upon the fees of lawyer you will hire.feel free to call for detailed advise.

Ajit Singh Cheema (practising Advocate) 20 September 2012

Bothering less for the amount to be spent on Lawyers ,you should concentrate upon ,how to get your valuable ancestral property back .Filing of partition suit is the best option ,if your efforts for family settlement fails.

pkpatra (NA) 20 September 2012

Thanks for the advise.

I am still checking if any of my younger brothers can join me for the partition case.

If I alone file the partition case, would my case be strong enough? How long does this process take place if I file this alone and will it be faster if any one of my brother joiuns with me?

Please advise.