Property possession


I had made this posting on 9/3/10 and could not find to seek more guidance, hence reproducing again.


An ancestral property (residential plot with house) was partitioned about 50 years ago. All the three partitioners have signed the partition deed registered.  The partitioner seeking advice here has also municipal khata made in his name. He did not stay in the place due to his job compulsions. one of the brothers who continued to stay used all the three portions beneficially to stay until about 5 years ago.  The house was rented and the part to the partition had initiated  eviction procedure under unauthorised occupation.

The partitioner want to get the property in to his possession and raise funds for his children's business. This is being covertly opposed by one of the party to the partition deed who is occupying the estate as stated above.

What are the legal angles to this case and how can the original title holder get possession?

I am a beginner law student and request the suggestions/ advise of this forum.



In the above case the supposed to be plantiff if he files a suit for possession is old (about 75 years).  He finds it difficult to move to his native town to attend to the dispositions. 

1.  Is it possible for the supposed plantiff (owner of the portion) to provide a GPA to one or jointly to both his children (legal heirs) and further the suit?

2.  Could the property be transfered in the name of his sons (legal heirs) and what are the options in that case?

Requesting a lesser legally cumbersome process as the benefits of the property is enjoyed solely by the occupant brother for the last 40-50 years.




Yes.  You can take possession of your property that you acquired through a partition deed.  If you are being resisted you have to file a suit for eviction and possession.  You let the occupant to enjoy all benefits 40-50 years, now you cannot question after keeping quite all this time. 


Yes your father can be represented by another person, its possible.


Yes. It also can be done.  Father can gift his property to his sons and his sons can maintain the suit against the occupant for his eviction and hand overof possession.




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