Partition dispute


Dear Sir,

Greetings !

I have a query. My father did two marriages. After the death of first wife he married to my mother.

He made a will deed dividing the property in three shares.

1)  " A "  My self (only Son of second wife)

2) " B "   My Mother (Second wife)

3) " C "   My Step Brother (Only Son of First wife)

My Father Died 10 years back.

Mr " C " sold his share of property long time back.

Now myself and my mother "A" & "B" are planning to sell of share of property.

There is an open land between whole property one side and open land of the whole property was given to "A" & "B" and other side ofthe property was given to " c" mentioned in the mutual deed.Mr. "C" was permitted to access the open land for entry and exit in emergency case as mention in mutual deed.

 

Now Mr "C" is claiming that he has a share in the open land and wrote on the wall of the open land without our consent that this land belongs to him anybody interested to purschase can contact him .

How do i justify to the customer who is interest to purschase my property?

What are the precaution ,necessary documents should i take to sell the property ?

Can take legal action against "c" for writing on the wall ?

 

Thank you

Regards

NKS

 
Reply   
 
Advocate

Dear NKS,

I do not understand the open land part of C.. guessing some easementary rights were given to C.

If C has sold his complete share, then he has lost all rights over is property( including easementary rights). A and B are free to sell their share of property . Writings on a wall do not create any legal rights on any person. You need not take any precautions as the property inherited by you is your absolute property and C has no rights over it.Ignore or just white wash what C has written- may give a complaint of nuisance on C , but still is of no use.


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Reply   
 


practicing advocate

Thru will you and your mother got ahre in the suit propertie and your brother also got his share.  Now he is obstructing you so get it delcared that you and your mothers are the owners 


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Reply   
 
practicing advocate

Thru will you and your mother got ahre in the suit propertie and your brother also got his share.  Now he is obstructing you so get it delcared that you and your mothers are the owners 

 
Reply   
 

Thank you very much for suggesting me.

You are right only easementary rights  were given in the deed.

But sir he is now saying that i can`t sell the property without his consent or approval .

If Mr."c" approaches court by filing a case can he get a stay order aganist the property?

Kindly Suggest me.

 

Regards

NKS

 
Reply   
 

Dear Sir,

 

Thank you very much for suggesting me.

Kindly let me know the legal procedure for declaring the property is ours.

 

regards

NKS

 
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