• Civil Issue

Hello,  My Name is Manoj Kumar, I am from Bangalore....

We are staying in a house which was previously into my father’s possession and in 13-01- 2009 my father had partitioned the house to the names of his 3 brothers who are residing into my grand father's (Grandfather is Deceased) Property... During the time of partition my father had an oral agreement with all of his 3 Brothers, saying till the Grand fathers (i.e My Fathers Father) house is been partitioned our family will be residing in the same house (i.e., which is been made partitioned to his brothers)... And also the 3 Brothers are all collecting the rents of 4 shops obtaining from the Grandfathers building without any share given for us from the period of 2008 till now...

Now one of the Brother whose possession we are residing has filed a petition in a Civil Court stating that we have to pay an amount of Rs. 5,75,000/-(Rupees Five Lakhs Seventy Five Thousand) calculating the damages to the tune of Rs 7, 500/- per month rent for the period from 13-01-2009 and 75,000/- as advance amount, till we quit and vacate and hand over the vacant possession to them and also to pay Rs 50,000/- towards damage causing to the building...

And very recently we have also filed a FDP for the partition of my Grandfathers house...

Please help me out with this problem as we did not bid with any written agreement with them and now we are into trouble...
Asked 3 years ago in Civil Law from Bangalore, Karnataka
was deed of partition made ? if no partition deed is made you have to file suit for partition . in suit filed by your uncles you make a counter claim  to claim share of rent of 4 shops from 2009 til now
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
unless the documents regarding the partition deed executed and other revenue documents are perused, clear opinion cannot be deduced. if you can come down to office, we can suggest you the best way.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
pls clarify us which your portion and whether you have stayed in that portion as a tenant and what authority you have stayed in the house what is your portion of the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
In whose name is the house mutated in revenue records? As per your own statement of facts your father had partitioned the house among his brothers. Was this a written partition? If it was an oral partition then did your father make a memorandum of partition? On what basis has your father's brother now filed the case for making him liable to pay the amount claimed, more so in view of the fact that your father is not the only owner of this house? 

Without perusing the contents of the partition deed, if any, and also the case filed by your father's brother it is impossible for us to say anything.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Oral Agreement and partitions are not legally binding. So you can file partition suit along with your siblings and mother. If the above referred civil suit is for partition, please make your claim in the same suit.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
if you are aggrieved by order dismissing your suit file an appeal .without going through the papers we cannot guide you . since you have consulted another lawyer and he had opportunity of going through the case papers he would be in better position to guide you
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
You have the right to file an appeal against the order whereby and whereunder your suit has been dismissed by the lower court. The lawyers whom you personally consulted have rightly told you that the court fees is required to be paid over the market value of the property. 

If you do not pay the amount then your appeal cannot survive in the court except if you can show that you are financially incapable of paying the amount. The courts can waive off the requirement of paying the required amount calculated with reference to the market value of the property if the person desirous of filing an appeal can prove that he does not have finances sufficient to pay the amount. 

Since you have already consulted the matter personally with a lawyer it will be in your interest to act strictly on his advice.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
litigation is an expensive proposition . you need deep pockets to fight in court . if you dont have money to go in appeal and pay court fees and legal expenses your appeal wont be entertained . go by your lawyer advise .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
yes you have to vacate the house . your father had him self partitioned the house in favour of his 3 brothers . your oral agreement has no value . . as far as payment of Rs 7500 per month is concerned from 2009 you can in suit make a counter claim for rent due from the shops which has been taken by your uncles . for fighting case you need deep pockets . if you are bale to afford litigation go ahead .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
The suggestion is simple-Contest the case filed by them. If you do not contest the case by engaging a lawyer then the court would obviously decide the case in their favour. As already stated by me earlier oral agreements have no validity in the eyes of law as they cannot be proved. The partition deed will prevail over any oral agreement.

Your advocate is right on mark. You can seek apportionment of rent by lodging a separate claim. Litigation is a very expensive affair. If you can afford the fat fees of lawyers then go ahead, else compromise the matter.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Thank you for appreciating us.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
if your father has signed a document wherein he has admitted no rent was paid from 2008 till date in respect of property in your father possession and handed keys in full and final settlement it would be binding upon your father . it would not affect the partition suit but may affect your claims for rent in respect of ancestral property
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
thanks for your appreciation . litigation is long drawn process. you cant evict  your relatives until final hearing of the suit
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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