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DR M K MISHRA   09 December 2017

Right to property

It is a case of ancestral property. There were two brothers, one of them was my father. They had a house , in a native village in Madhya Pradesh , in which the front part of the house was given to elder brother of my father and the back side of the house was given to my father in a family partition in the year about 1940. The way/passage for exit/ entrance was common for both family and that way passes from the ”Angan” ( a small piece of land between two house)and a part of house in their possession . As the time passes my father and his elder brother passed away. Again the next generation also passed away and only I and some of second generation from other side called nephew are alive. Due to passage of time the part of house in back side in which we were having our possession ,also demolished/fallen as it was age old, so I built a new house there in my part. The front part of the old house is also about to fall and this is in possession of so called nephew . Now the nephew is putting objection for the way/passage/exit /entrance which we were using from two generation as well as that part of age old house is about to fall any time and it may fall on anybody creating danger to our life . The nephew is though not residing there and he is now a days somewhere in Rajsthan. I requested him to either sell that front part of house to me or to construct the same but he refused due to politics of village/relative. I reported the matter to concerned Tahsildar but he refused to interfere. My question is how to come out of the situation because the front part of common exit /entrance of the age old house is about to fall at any time creating danger to our life? Please suggest me the legal options if any available .


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 1 Replies

DR M K MISHRA   09 December 2017

It is a case of ancestral property. There were two brothers, one of them was my father. They had a house  , in a native village in Madhya Pradesh ,  in which the front part of the house was given to elder brother of my father and the back side of the house was given to my father in a family partition in the year about 1940. The way/passage for exit/ entrance  was common for both family and that way passes from the ”Angan” ( a small piece of land between two house)and a part of house in their possession . As the time passes my father and his elder brother passed away. Again the next generation also passed away and only I and some of second generation from other side called  nephew are alive. Due to passage of time the part of house in back side  in which we were having our possession ,also demolished/fallen as it was age old, so I built  a new house there in my part. The  front part of the old house is also about to fall and this is in possession of so called  nephew .

                        Now the nephew is putting objection for the way/passage/exit /entrance  which we were using from two generation as well as that part of age old house is about to fall any time and it may fall on anybody  creating danger to our life . The nephew is though not residing there and he is now a days somewhere in Rajsthan. I  requested him to either sell that front part of house to me or to construct the same but he refused due to politics of village/relative. I reported the matter to concerned Tahsildar  but he refused to interfere.

My question is how to come out of the situation because the front part of common exit /entrance   of the age old  house is about to fall at any time creating danger to our life? Please suggest me the legal options if any available .


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