NARASIMHAM SINGAMPALLI (ADMINISTRATOR) 02 January 2016

Joint house

My relative has left a house through a registered will to me and my younger brother. No boundary was marked out in the middle and the document just said Eastern Half to my younger brother and western half to me. The boundaries on other 3 sides are mentioned.The boundary runs through the middle of the house.

Now my brother wants to break the half belonging to him and build a commercial complex.

I am living in my half and have been living there for the last 20 years as owner.

This breaking will damage the house and I will be put to trouble.

What are his rights and my rights in this matter?

I shall be very thankful for any advice.

AVP

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5 Replies

Adv. Yogen Kakade (+ 91 9225510883) 02 January 2016

Get the proper and demarketed partition done with the help of the court. Memtion the possiblity of damages to the property and ask for the compensation for the same.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
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Laxmi Kant Joshi (Advocate ) 02 January 2016

Talk to your brother and sortout an amicable solution of this genuine problem, if he refused to listen you then move to the court for injunction /stay, stating everything in your petition that your portion where you are residing along with your family since 20 years will get severe damaged if the house will be breaked and seperated in two portions for selling half portion to the builder by your brother, there is an immediate and near future life danger for you and your family, hence give stay on it .

Laxmi Kant Joshi (Advocate ) 02 January 2016

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 03 January 2016

1) Try to discuss and sort out along with elders of your family or friends.

2) When your brother wanted partition as to his share, one day or the other you have to divide and give him.

3) As a last resort file partition petition before the court explaining all the facts which will be done accordingly. If the court is convinced that you will be at loss, proper compensation as deem fit will be awarded.

james mathews 10 January 2016

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