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Partition of separate properties between brothers
My father (expired in 2008) and his 2 brothers bought 3 plots together as follows 1. First one, bought in 1986, is on the main bypass road of our city dimension(55×85). It was having two registries(bainama) 1.a-->55×20 on road side for the shops purpuse 1.b--> 55×65 behind above plot (1.a) for residential purposes 2. Second one of size 55×65 was bought in same locality in 1996 3. Third one of size 50×70 was also bought in same locality in 2001 With mutual agreement plot 1.a was given to my father, plot 2&3 to my uncles. Also the construction of houses were done on all three plots jointly. Accordingly i am living in plot 1.b since 1988, my elder uncle in plot 2 since 1998 and my younger uncle in plot 3 since 2003 Plot 1.a was equally divided among three for constructing shops, but till date no construction of shops have taken place. All of these division was mutual and NO written doc exist for the same. 5 years back the bypass road has been widened due to which plot 1.a has been shrinked. Now my uncles are demanding share in my plot 1.b and they have filed partition suit. Is there any legal option available which can grant this mutually agreed partition a legal one and we can maintain the current status of property division.
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
minor correction in description plot 1.b was given to my father
Asked 7 years ago
1. Well, it appears the government has acquired a part of your uncles land by way of acquisition which warrants the government to pay compensation to you uncle.
2. So if your uncle has lost some land then he has received a price for it as well.
3. So in no way he can claim any share in the land fell in the share of your father.
4. So there is no need to pay any heed to you uncle. Your uncle may file a suit for partition but since there was already oral partition which is also a valid mode of partition, you are not going to be affected by the suit anyway.
You have to prove that oral partition was arrived at between brothers
2) you can by evidence of witnesses prove oral partition
3) if mutation has been done in your father and uncle name on basis of oral partition you can rely upon the same to prove oral partition
4) contact a local lawyer
File detailed reply in partition suit that oral partition has already beeen done between your father and uncles
Sir you can contest the suit based on the oral family settlement between them and since there is proof that all three are residing separately in orally partitioned properties court can accept same and can reject the partition suit.
Oral agreement on mutual partition is valid
The party relying on such oral agreement has to prove it though
In your case, by passage of time, your uncles had accepted that you are entitled to plot 1.b
Your possession was never disturbed
Now if plot 1.a has shrunk due to acquisition, your uncles will get FSI or compensation benefit from government
So if they claim share in your plot 1.b, you can also claim a share in the compensation that would be awarded by government for acquiring the land
See only chance is to contest on ground of oral agreement and you in your evidence can depose same before the court.
1) Re partition can done as per legal documentation and get registered it and share accordingly as per mutual understanding.
1. All of you are residing on the houses constructed on the respective plots seperately for a period of more than 12 years.
2. You should claim that the partition suit is not maintainable since it has crossd the limitation period of 12 years.
1. You shall have to show that the said properties/plots are in your absolute physical possession for more than 12 years.
2. The parttion suit is not maintainable since it has been filed after 12 years of absolute and sole occupation/possession of the said properties.
You can prove your possession on the basis of oral partition.
The documentary proofs of your possession of property as your share in the properties by oral partition would support your claim for ownership of your share of property.
