• Partition

My father are two brothers living in village.Both of them together buys a house in city and not get registered this house in their name.my father left village in 1996 and comes to that house in city.after that my father died in 1999.since then I m living in that house in city.Now my partition in non agriculture land in village was possessed by my cousin.when I had asked them to give my partition in village they had refused to give my partition and said to me that first I will give them partition in city house then they will give my partition.my partition was done in 1999 by village person in written but now they had refused to accept that partition. So what should I do to take my partition in non agriculture land in village.their claim for city house partition is legally valid though house tax and electricity bill regularly paid by us from 1999.
Asked 2 months ago in Property Law from Saharanpur, Uttar Pradesh
Religion: Hindu

1) If the partition done in the 1999 and that was accepted by all the brothers than it's should continue now also, you can put a proposal that I will retain partition which was done in the year 1999. You will get your share in the city house.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

You need to file partition suit in court if both of you are not agreed for the settlement terms. Of both are agreed then it can be done by executing a registered partition deed outside court.

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

File suit for partition for division of house in village by metes and bounds 

 

2) your cousin can claim share in city house as your uncle had contributed for purchase of house in city 

Ajay Sethi
Advocate, Mumbai
61305 Answers
3721 Consultations

5.0 on 5.0

File a partition suit for getting your share in the non agriculture land in village. Also check the their parents name are mentioned in the title deed of the city house.If your  your uncles had contributed for purchase of city house then they can have a valid claim over the same. 

Ajay N S
Advocate, Ernakulam
3106 Answers
59 Consultations

5.0 on 5.0

1. The title of your father and all his legal heirs is defective as the sale deed was not executed in favour of your father and brother.

2. Tax receipts and electricity bill receipts are not documents of title.

3. UNless the sale deed of house is registered in favour of your father's legal heirs you have no cause of action to seek partition. At the most you can defend your possession by taking the plea of adverse possession.

Ashish Davessar
Advocate, Jaipur
25875 Answers
741 Consultations

5.0 on 5.0

1.Their demand is very much legitimate as they have their share in the house as well.

2. So sit with them together and make a plan how to divide all the joint properties in equal shares among all of you.

3. If you wish to keep the house then you will have to quit its equal value of land in village.

4. Accordingly make a mutual deed of partition and distribute the properties among yourselves .

5. f amicable partition does not happen then file a suit for partition in the civil court.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

See you can file a suit for the partition of the agriculture land and seek possession of your share in the agriculture land the court shall partition it and put you in possession of ssme, further the written partition of village can be brought on record. However, the uncle is co-owner in the city flat and he can seek the share in same he can file a suit for same even the tax and electricity bill are paid by you.

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

Dear Client,

You should file a suit for partition. Your property is joint & You have proof of it.

They can not claim from your property in the city. Don't worry.

Jaswant Singh
Advocate, Gurugram
397 Answers
1 Consultation

4.8 on 5.0

File a partition suit in your village jurisdiction court. 

You can also settle the dispute from same person who have been settled earlier. 

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

Dear client, 

Written partition registered or not ? File recovery of possession and injunction suit.

Yogendra Singh Rajawat
Advocate, Jaipur
9802 Answers
8 Consultations

4.6 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been denied something which is a right creates in you by way of inheritance.
  2. As the property was never registered in the joint name, and you have been residing in the same and have been paying taxes, bills etc. show your right over the property.
  3. And they can’t tell you that they need share in this house to give you share in the village property.
  4. You are in possession of the present house, let them file any suit if they wish to.
  5. But, you should file a suit for partition in ge village land before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
3996 Answers
7 Consultations

5.0 on 5.0

If this property in the city and the property in the village has been known to be jointly owned by both the brothers and there are evidences for the joint ownership then you can claim your father's share along with the other legal heirs of your father from your paternal uncle/his legal heirs (if he is not living) by partition.

If they are not willing to partition the property by an amicable partition deed, then you may appraoch civil court with a partition suit seeking division of the properties into two parts with metes and bounds and good and bad soil  and to allot you with one such equal part with separate possession.

You can discuss the subject matter with your own advocate on all such further issues.

 

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

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