File suit for partition for division of property by metes and bounds
2) obtain injunction restraining sale of property by other legal heirs pending hearing and final disposal of suit
Undivided property
We have a ancestral property not yet divided since 4 Generation. Now There is three share holders in it. There is only one written document( which we call KAGZAT OF BATWARA- in year 1958 -which is made by my great grand father) stating that which family is going to live in which part of the property. One of the three share holders are subdivide in to four share holders. And out of Four one of the them has sold his property to strangers without the consent of others. My ancestral home was made of Mud and wood and now it has been flattened. No structure is left. Since the property is still undivided no one knows who is going to get what part. Please suggest can it be challenged in the court of law.
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
1. Talk among all of yourselves and divide the properties mutually.
2. When consensus is reached then make a mutual deed of partition and register it.
3. If no consensus is reached then file a suit for partition.
1. Nothing is to be challenged in the court. If all the coparceners have reached a consensus as to divide the property then it can be done amicably by executing a partition deed which will have to be mandatorily registered.
2. If there is no consensus to divide the party then either coparcener can file a suit for partition to cull out his share in the property. The court will pass a decree to divide the property through metes and bounds. A commissioner will be appointed to divide the property.
Yes, since the properties remain undivided among the shareholders, all those entitled for a share can arrange for a family meeting and resolve the partition amicably by the talks in the meeting.
If no consensus is arrived or there is no mutual agreement about the partition, then the parties to the property dispute may approach court of law for partition and separate possession of individual shares in the ancestral properties.
