Upgrad LLM

injunction/ partition deed/partitin suit


Dear all, I am a harrassed sister in the hands of my elder brother fo last 20 years. He is married and well settled. I am single and have none to take care of me. My father's house in India is the bone of contention. We are 3 legal heirs: mother, brother and myself. 

Issue: I am seeking separate exit entrance for respectful and peaceful existence:

If property (first floor mine, ground floor his as per current possession) gets amicably partitioned by negotiated partition deed, which brother may agree to do but is throwing tons of detrimental factors all to his advantage and is also harassing and not cooperating with my elderly mother to address this need of mine. 

1. He is not letting me create separate exit entrance at the front, nor is he cooperating even if civil engineer checks it out and says it can be done without structural damage, someone has to oversee the process. I live abroad now all by myself as I am not able to stay there or even go there due to never ending mental torture on me by brother and his wife and because they are not making the needed alterations. the front exit entrance is being used by all. They call it "common space". 

2. There is already a paved separate exit entrance cum garden space at the back which needs some renovations and cleaning up. But he is adamantly refusing to use that as their exit entrance with tons of excuses that it has snakes, frogs and what not (although the bedroom I use at the first floor had snakes there too!!!) - that pathway directly leads into their area which they are possessing for a long time, at the ground floor while me and my mother live upstairs for which the front exit entrance is being used as that is the ONLY way(without having to go through their possessed space through the back door).  

3. With #2, he has plans to make a room there at the back garden area (which is also technically a "common space" only) sometime in future, although but not doing it now, because then they will be able to easily use the back portion for their exit entrance, i would have no objection if they did this proactively rather than throwing it in the dark. this would have also not damaged the structure or anything in the house and would have been a great deal for him as well as for me. 

Because of all the above reasons and for such obstacles and hardships he is giving me, I want to make sure he cannot construct that room in the back common garden space, unless he does it proactively and finishes the task within next 2-4 months , and stops using the front exit entrance. He already is in possession of much more than 1/3rd of entire property downstairs with all these areas and rooms and what not.

Please advice:

  1. if I can file just an injunction suit and what should be the prayers there
  2. shall it be granted by court without much hassle - i heard injunction is only granted when there are

              structural damage possibilities.

        3. If a partial partition deed is obtained and if it gets registered, therafter, can I still file a partition suit wit that document, now demanding COMPLETE partition which means separate exit entrance for peaceful possession and enjoyment of my property?

 

Kindly help and guide me as best as possible!

Let me know if you have any questions on order to advice.

Thanks & Regards

Ms Faith.

 
Reply   
 
Retired employee.

When you have decided to file suit, your lawyer will explain all possible remedies including your easement rights, and before that  kindly contact DIstrict Legal Services Authority and seek assistance as you are women and get free legal aid, and as the matter can be settled amicably through intervention of  Secretary LSA, within the family.

 
Reply   
 



Thanks Mr Prasad! Appreciate your kind reply.

What are easement rights?

DIstrict Legal Services Authority  and Free legal aid: sounds interetsing!

Does it mean I am eligible for free advocates who will run the entire case?

Are there specific advocates?

How do I find the DIstrict Legal Services Authority in Calcutta and free legal aid?

 
Reply   
 

Thanks Mr Prasad! Appreciate your kind reply.

What are easement rights?

DIstrict Legal Services Authority  and Free legal aid: sounds interetsing!

Does it mean I am eligible for free advocates who will run the entire case?

Are there specific advocates?

How do I find the DIstrict Legal Services Authority in Calcutta and free legal aid?

 
Reply   
 
Retired employee.

1.When one is using some rights to passage over a long period, and if subsequently there is an obstruction for his movement, he can seek relief through easement right.  EX: You are using a passage since several years for coming and going to your house since several years.  If that passage is later converted into a house, you can not enter in your right.  Then you can claim easement rights on passage.  Kindly google to learn more about "Easement"

2.District Legal Service Authority (Lokadalat) is available in every district.  Free legal aid is being offered for weaker sections of society mentioned Legal Services Authority Acst, 87.  Being a woman you are entitled for such legal aid free of cost.  You need not pay any expenses.  They can also call the other parties and seek their submissions, and they try to reconcile things and avoid litigation between parties. and reduce the understanding through a compromise settlement and that will be final and parties can not go for appeal against the settlement arrived through LSA.  Further, no costs are involved.  You may search in google Legal Services Authority Act to know more about it.  In some states they have also a website.

Alternate remedy without going into litigation through reconciliation before Legal authority is a solution in between family members.

 
Reply   
 
Advocate

You have repeated the question for more than five times despite many experts and advocates having given proper and similar advises, you are not satisfied with anyone's reply, I think you will keep repeating the same question many more times in the future too without knowing when you will this phobia come to an end.

 
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