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vasu   22 September 2017

Property litigation

Dear Sir,

I would like to explain about the property.

1.Property may go around 3200 sqft ( 40x80 , south to narth =40, east to west ).
road on east and southside to site, and is located in villege in Andhrapradesh, north and west houses are there
2.Property shares are like 'A' (50%) southside;  'B' (25% ), 'C' (12.5%) and 'D' (12.5%) on northside if property divides 
east to west, and has registered document which is in 1933
3.'B' has 25% on north westside and has path to east 5 feet widdth , and northwest is divided further
  between 'C' and 'D' equally, and 'C' also uses the path. orally partition happened as mentioned 20 years before
  among all owneres and this happened and A also aware of that and drawing with measurments are there in diary.
5.'D' sold his share to 'A' 17 years ago and 'C' also sold his share to 'A' 8 years ago with sale deed
   and every one is aware of that, and there is no sign of 'B' ( these are again 2 , but not parttioned )
6.Now 'A' wants to contruct a house, and 'B' is making issues like making sight never divided and wants more way
  'A' wants to go liberaly as he wants to contrct the house, but'B' motot is not to allow construct the house
  so that he can enjoy this in future as ground position may favours to him because children of 'A' are not in village
7. sight is in villege in Andhrapradesh


My qustion was:
1. property bought from 'C' and 'D are valid registration in court as there is no sighn of 'B' and 'A wants only thatside
   which allows construction as per vastu. and 'B' is claiming sight is never divided, and he wants on 'C' and 'D'    property, is favourble to 'A' as per legal ?
2. Can we have advantage of legally to get injuction, we just dump some ginate stones now ?
3. Can we get legal advatage even to buy his share in case if we did not agree for partion in case
   the existing partion not valid , as we have 75 of total share ?
4. let us know all advantages further, 


 



Learning

 2 Replies

Sankalp Paliwal (Advocate)     22 September 2017

yes u can hav advantage... if u prove oral -partition of property as per family settelmentt

vasu   23 September 2017

Sir,

Already registered as per oral partition. do we need to prove now in court ? 

Is there any chance registration can be cancelled if we fail to prove oral partition ? 

 


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