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Lokesh Sharma (-)     21 November 2014

Partition of joint property

Dear learned lawyers, There is a self acquired property in the name of me and my 3 brothers in Jamshedpur. We had built a house on the property with joint funds on part a part of the land. My brothers have now occupied it and have refused to provide my fair share. Please let me know the options available and if I need to file a partition suit the time it might take.



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 5 Replies

Dalip Singh (Advocate)     21 November 2014

File a suit for partition and possession with the help of local lawyer.

Dr J C Vashista (Advocate)     21 November 2014

Suit for partition and possession with damages and mesne profits be filed through a local lawyer.

1 Like

raj (self)     22 November 2014

Dear Experts,

earlier i wrote a query on Land partition. That case was in district court.

My query is A,B are brothers. they are having 35 acres ancestral property.in that 18 acres sold by B in 2010.They sold on stamp paper,not registered in AP,now telangana. In the sale agreements both were signed. Mr.A expired 2013,and his son also expired in May'14.Now a survived with wife,widow daughter in law,two daughters.Now Mr.B ,with false intention filed a suit on the remaining property 17 acre + land purchased (Self-aquired)by Mr.A, when alive.They are not partitioned officially, but on word Mr.A allowed Mr.B to sell the land in 2010.Now Mr.B taking the situation advantage and filed for partition, with out mentioning that he alone sold the land.

Pls clarify the below mentioned 

1.How can we prove that Mr.B sold his share of property?As he is claiming both brothers sold the land and taken money equally.

2.Is there any chance to file Cheating case against Mr.B ,in higher courts?

3.Mr.B is having 2 accounts in banks, can we ask through court ,to submit the account statement of that transaction period.As some people telling that he cleared some loan with this money.

Pls reply at the earliest, as heirs of Mr.A,all are women,and are totally struggling as MR.B got IA on that property.

Thanks in advance

Raj

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

@Lokesh:  You need to file a partition suit as well as an application seeking share in the mesne profits of the property.  You are entitled to 1/4th share in the jointly purchased property equally along with your brothers.

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

@Raj:  first of all you should not post your query on others thread, use your own thread to post your query.  For your present query, you should consult a local lawyer with full details and relevant papers for a proper pinion because sale agreement through a notarised document is not valid and also since it was only an agreement, what about the execution of registered sale deed?


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