1) deed of partition has to be signed by all the legal heirs
2) elder son can file suit to set aside partition deed as he has not signed it
3) you should seek orders to direct elder son to deposit rent amounts received from shop in court
What to do next
One house owned by grandfather and grandmother (that is my mother father and mother).they had one son and seven daughters .all of them married . the elder and only son reside in another place .he has one daughter. due to personal difference with his wife he married a girl of minor age and she also has daughter. all of the daughters were married and having their sons and daughters respectively. because of his personal reason the elder son is living with one lady with no child for them.first my grand mother expired in 2005 and my grand father expired on 2014 . so all of them decided to mutually divide the properties and all daughters signed for division of properties but for some reason the elder who also visually handicapped didnot give his consent .inspite of that it is registered . due to financial compulsion one of the daughters sold the one piece of vacant land to my mother and it is also registered . but all of the possesion is handled by the elder son and collecting rent from almost six shops and also an advance amount .he has filed in the court challenging mutually agreed division of properties under registration act that he has not signed .by the help of third said wife he is threatening all the family memebers even though he is visually challenged person.i am the one of the daughters son. can i file in the court of law so as not to run shops in each of the daughters lands because it was seperated. because of the shop is running he is not allowing any of the family members inside the property premises.
Asked 8 years ago in Property Law
Religion: Hindu
6 Answers
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Asked 8 years ago
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is the shop running without the consent of all the coparceners is able to function under law as the elder son doesnt act as a karta under hindu law
Asked 8 years ago
as on date it is jointly owned property of all legal heirs .
2) sisters have equal share in the rental income from the shops
3) in suit filed by brother mention that you have no objection if partition deed is set aside .
4) you are willing to enter into fresh deed of partition fopr divison of all properties by metes and bounds
5) seek depositing of rental income in court
This property belonged to yor grandparents, that too your mother.
You dont have any rights or interest in the property
You can file and help your mother in the legal cases on her behalf by getting a POA executed by her in your favor.
If the partition was effected without the signature and consent of one of the legal heirs, the said legal heir can approach court seeking proper partition and allotment by metes and bounds and by good and bad soil.
answer in my e mail
The answers are given here by many advocates.
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is the shop running without the consent of all the coparceners is able to function under law as the elder son doesn't act as a karta under Hindu law
This is not a HUF family hence there is no question of a karta managing the rent and other issues alone.
The rental income has to be shared with all the shareholders equally.