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Shruti   05 May 2022

Partition issue of house

My father died leaving a house built on 28ftX90ft land. 28ft front. We are three siblings and the house can be divided into two, 14ft each but not into three 9ft 4in each because it will become too narrow to live. Two brothers have occupied the two sides (14ft each) and are not willing to sell the property and divide the money three-ways. They are not willing to break the centre wall and let me construct a 9.4ftX90ft house for myself. They tell me I can't get my share in the house because they've been living there for last 40 years and no court can evict them. My father died 2 years ago. What can I do to get my share in the house? Can I approach the court to auction the house or can I approach to partition my share out 9.4ftX90ft?



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 4 Replies

H.JanakiManohar Rao (lawyer)     06 May 2022

You file a case against your brothers for partion of house.

Dr J C Vashista (Advocate)     06 May 2022

File a suit for partition of house with all other intestat properties left behind by deceased through a local prudent lawyer. 

Advocate Bhartesh goyal (advocate)     06 May 2022

Yes, you have to file suit for partion and claim gour 1/3 share in house.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 May 2022

Go for partition suit. The term Partition Deed is used to classify a deed that will divide up the said property, thereby making each of the co-owners as the rightful owner of the property share. When the property is owned by several individuals, a partition deed makes sure there's a legal division of the property.


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