Veena 28 April 2022

Partition query

Hi All,

I have a query on partition and few questions about and the issue is that both my parents are not alive, My mother passed away last year this day due to corona and left one site(30*40) without making any registration or partition between my brother and me who are only 2 childrens , Now I have been asking my brother to get partition deed that he is denying as he has house and getting rent but I am in need of the land immediately as we need to construct the house. My questions are below:

1) Is sending legal notice, partition suit necessary/mandatory to construct house in my share which I supposed to receive.

2) Shall I start constructing house after sending first Legal notice.

3) How much approximate time and cost require to resolve through partition suite.

4) what will happen if we construct house without partition as we have good support from the neighbors of the place and the owners of the land who gifted to my mother.

5) what are the steps of partition Process starting from sending legal notices after that how many months do partition takes place.

6) Is court has right to pass order for our share to get Katha and other documents if there is no response for Legal notice

Kindly advise the best as I am verry much need of my share without making further delays.

Reply Follow

1 Replies

G.L.N. Prasad (Retired employee.) 29 April 2022

1. Though not mandatory, it is a good practice and reduces the say of other co-sharers and they are not supposed to plead any other thing than stated in the reply notice. The reply notice is a commitment and the facts stated in the reply should prevail in further court cases.

2. If you are in possession, you can do anything, and remember that the construction should be as per the individual extent of share eligibility and subject to a court judgment. Unless the property is divided into metes and bounds and shows names of the individual co-sharer extent with boundaries, going for construction is not wise. If the other co-sharer files a suit, he can stop further construction. The fundamental is the owner should have a title in his name to go for such construction.

3.No one can say the time frame, minimum 3 years and maximum 50 years depending on such further appeals in higher courts. The costs may range from Rs.25,000/- to several lakhs as Advocate fees depending on the complexity of the case, the Advocate's reputation and facts that are in favour of plaintiff.

4. Such support can not get a better title. A perfectly undisputed title in an individual name only can assure protection. Any other co-sharer, the claimant can bring a stay order against such construction and the investment goes waste.

5. Search in google for the process

6. Silence need not be admission or acceptance and only the court and settlement within the co-sharer is the ultimate.

Please understand the limitations of on line forum and when you wanted to take action, it is always proper to contact a local advocate and show the documents and take his guidance.

1 Like