As per settlement deed you are entitled to first floor area of 223 square feet
2) you would be absolute owners of 223 square feet in first floor
3) as and when property is sold you would be entitled to market price of 263 sq feet
Property
My father had two wives, he had three male children including myself, from the first wife. After her death when we were minors he married his 2nd wife and they had 6 children. My father got ancestral property which is a house and that has ground and 1st (2 floor house) floors. Ground floor area- 1267sq ft and 1st floor -1267sq ft. We had a partition settlement deed for the properties and registered it at district register office in 1967. My father and his 2nd wives’ 6 children are the party a, and 1st wife children, we 3 brothers are the party b of this registered settlement deed. According to this, market value of the building had been calculated and party a had a portion of building of worth as Rs.39000/- according to the 1967 market value of the building, we had a portion of building of worth Rs.10000/. area details: we had been alloted the area of 6’* 6’ 3/4=40 sq.ft bathroom area in the ground floor and 33’*6’¾=223 sq ft , living area in the 1 st floor which comes to a total of 263 sq ft, (40+223=263)and comes to the worth of Rs.10,000/- and the remaining portion belongs to party ‘a’. The deed says that, when the house is sold, the present market value has to be calculated for 263 sq ft and the amount has to be given by the party ‘a’ to party ‘b’. The house is in the good condition. Some of party ‘a’ members are living in that house, my father and his wives are dead. We had our portion in our possession, now the party ‘a’ members said that “they can give the market value for the ground floor portion of 6’*6’ ¾=40 sq ft area only to us, and we can’t claim the 1st floor area”. We asked them to give us the market value for the 263 sq ft portion (40+223=263) according to the partition settlement deed, since the 1 st floor portion was alloted for the living purpose of party b and they should not disturb the party ‘a’ members’ area. Only the amount of market value of the building Rs. 39,000/- Vs 10,000/- is the matter for this partition. So we insist that market value for 263 sq ft area has to be given to us as per the partition settlement deed. Remaining portion belongs to party ‘a’. As per the law, clarify us which is the legal solution to this case.
Asked 6 years ago in Property Law
Religion: Hindu
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6 Answers
Hii, you have to file a civil suit for specific performance with consequential relief of temporary injuction ..
Thank you for the answer sir,i understand that we have the legal right to claim the market value for the 263 sq ft portion as per the partition settlement deed, meanwhile we came to know that the party A members are trying to sell the property without our knowledge,so we file a objection application in the district register office stated that noOne is eligible to sell our portion of the building without our knowledge,along with the documents is it enough to restrain them doing such activity? (or) any other additional legal action is needed?
Asked 6 years ago
you have to file suit seek injunction restraining your cousins from selling the property
2) mere application in registrar office is not sufficient
The recital of the registered settlement deed is to be honored by all the parties to the settlement deed.
If ther is any dispute in this regard at this stage, then a solution and remedy can be had through court of law by filing a specific relief suit
is it enough to restrain them doing such activity?
(or)
any other additional legal action is needed?
A notice to the concerned registrar will not be binding on them, neither the registrar will cooperate with you on this.
It is advisable that you aproach a court of law with an injunction suit seeking to restrain the defendants fro alienating or encumbering the property in any maner till the conditions of the settlement deed is settled.
it is enough to restrain them from doing such activities.
Regards
