• Property division

My grandfather died without any will recently who has two childrens one my father and another my uncle my father has also passed away now me and my mother is his legal heirs even my grandmother is also no more therefore two families exist one of my uncle and another is me 

Case 1

My uncle lives in ground floor me and my mother lives in first floor both floor equally constructed 

Now my mother demands that she need one room in ground floor and same room can be taken by my uncle on first floor my uncle is not ready on this 

On our roof there is one room where my uncle runs a registered coaching earning lakhs of rs even filing itr 
My mother demands share in that room also my uncle denies that also 

Case 2
On our first floor few rooms were given on rent by my mother first floor ie where me and my mother lives that rent money is our only source of income 

My uncle threatens me that if you demands equal share in house than i will file partiton suit and you will not be able to rent your portion and it will take many years 

Thats why better to live like this only 

What can i do in this case ??
Asked 2 months ago in Property Law from aligarh, Uttar Pradesh
Religion: Hindu

File suit for partition for division of property by metes and bounds 

 

2) seek an injunction restraining uncle from creating third party rights on property 

 

3) you have equal share in room on second floor 

Ajay Sethi
Advocate, Mumbai
74677 Answers
4465 Consultations

5.0 on 5.0

You can with court permission give premises on rent after filing partition suit 

Ajay Sethi
Advocate, Mumbai
74677 Answers
4465 Consultations

5.0 on 5.0

See partition suit can be filed for the equal partition of the share pending the suit still you can rent the premises.and collect the rent as uncle is also using more space and running coaching.

Shubham Jhajharia
Advocate, Ahmedabad
24383 Answers
96 Consultations

5.0 on 5.0

Hi

Yes you can have tenants even if the partition suit is going on.

Like you said that your uncle us using more space then this beneficial for you to file partition suit as you will get equal land as of your uncle to use.

Thanks 

Rahul Jatain
Advocate, Rohtak
2523 Answers
4 Consultations

4.9 on 5.0

Even in stay of partition suit everything will be divided in interim relief equally. If you will fave issues he will also face issues in running coaching class. It's better you resolve it amicably and go for partition as last resort

Prashant Nayak
Advocate, Mumbai
18758 Answers
34 Consultations

4.6 on 5.0

1. Partition Proceedings have got nothing to do with existing Tenants and any business being run in individual portions of the property.  Court cannot order eviction of stoppage of Tenants or businesses. 

2. When you file Partition Proceedings (supported with proper architect drawings /plans) you will be requesting the court to grant you Title-Ownership of the 50% existing property that is held by you and in the total area of the original property.

Hemant Agarwal
Advocate, Mumbai
4370 Answers
23 Consultations

5.0 on 5.0

If there is no proper partition among your families then it will be practically problem-some to the next generation.

Hence it is advisable to draft a partition deed between both the families dividing the property into two equal share by metes and bounds or amicably with mutually agreed conditions and get it registered.

If he is not agreeing for amicable solution for this problem, then you can file a partition suit to divide the entire property into equal shares by metes and bounds and to allot one such share to you with separate possession.

You can also file an application seeking a share in the rental income he is deriving from his share in the property and also an injunction petition restraining him from conducting the business in his share in the property if he is not willing to give a share in the  income generated from the property now under his possession.

 

 

T Kalaiselvan
Advocate, Vellore
64643 Answers
839 Consultations

5.0 on 5.0

Once the property is going for partition then he may also claim a share in the rental income from the property under your possession, so you canot deny especially when you claim a share out of his property , you should be ready to give a share out of your rental income too.

So far it is a common property without proper partition, hence you be aware that until there is no property partition you cannot legally identify your share in it for any future claim also.

 

T Kalaiselvan
Advocate, Vellore
64643 Answers
839 Consultations

5.0 on 5.0

Both have half share each in building. Mother is already have possession of first floor which is equal to ground floor. Perfect partition, court will not interfere. Neither uncle can claim part of rent.

You and mother can may claim some half portion in terrace room but no surety. Court may order to construct separate room on terrace and not interfere with his possession. Or court will direct common use of terrace room and not to be use for coaching.

In earnings whether through rent or coaching, no right to claim partition to either parties.

During partition Suit, you can keep tenants.

Yogendra Singh Rajawat
Advocate, Jaipur
18625 Answers
22 Consultations

4.6 on 5.0

You have every right to get 50% of the share in your grandfather’s property. So better you have to file a partition suit. The division is done by metes and bounds.When the suit is pending your uncle could not do in your possessed area in the said  property

Ajay N S
Advocate, Ernakulam
3442 Answers
67 Consultations

5.0 on 5.0

Dear Sir/Madam,

In my considered opinion, there should be equal distribution of property and the people (you or your uncle) may do their respective businesses/uses. This means that you may rent your portion and uncle may run his coaching, but your query reveals that there is not equal division of property because much share is occupied by your uncle where he runs the business of coaching. Your uncle is not sharing the earning from coaching and hence you may also deny the share in rental income which you receive. It is also to be noted that your uncle will be looser in case of partition suit because, the floor of coaching will be shared with you. Further, you may keep the tenants of your choice and it has got nothing to do with the partition. 

Ganesh Singh
Advocate, NEW DELHI
4489 Answers
9 Consultations

4.5 on 5.0

Your uncle is wrong even if there is a partition suit you can enjoy letting out your awesome until and unless there is a decision from the court so far as the share in the room on the roof top is concerned in case your uncle is not ready to share the profit from the classes you can go and file partition suit for the whole building but please be aware that it is going to take lot of time before decision from the court as well as you will be liable to pay the court fees for the Indus property if you can settle down the issue amicably between both of you then there is no partition suit and there will be no hassle as such so the advisors that instead of getting into the court matters it will be good for both the parties to settle down the matter amicably and live peacefully

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

You have to file a partition suit in the concerned court along with all the facts. No one can be deprived of his right to property and equality

Mohammed Mujeeb
Advocate, Hyderabad
15648 Answers
8 Consultations

4.5 on 5.0

during pendency of partition suit you cannot rent out the said property. your uncle consent also required. 

Mohammed Mujeeb
Advocate, Hyderabad
15648 Answers
8 Consultations

4.5 on 5.0

Hello,

First step - Rent out the rooms.

Second step: File a partition suit and also an application for status quo of the said property till the disposal of the main suit that is the partition suit.

Regards

Swarupananda Neogi
Advocate, Kolkata
1636 Answers
4 Consultations

4.7 on 5.0

Well, i think a partition of the property is the best way to completely separate from him. He will run his coaching and will not stop. You too need rooms.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

Yes the status quo is generally maintained unless the outcome of the suit.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

Continue the position as it is.

You issue notice for partition to your uncle to divide the property by metes and bounds

If he fails to respond to your notice, file suit for partition alongwith an application seeking injunction against your uncle restraining him from changing the nature of the property and creating third party interest.

 

S Srinivasa Prasad
Advocate, Hyderabad
1971 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

After the death of your  grand father it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

 

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

1. You  should try to negotiate with your uncle for partition of house mutually through settlement deed.

2. You can let your uncle file partition suit against you and your mother if he pray for stay then court will order to maintain status quo on property which means status will remain as it is till disposal of suit. 

3. If stay is granted then you can rent the rooms till disposal of suit.

4. If your uncle demands that tenants should be evicted then you can also make application for closing of coaching center till disposal of suit.

Mohit Kapoor
Advocate, Rohtak
8035 Answers
2 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that uncle is creating the problem which won’t be able to survive before the court of law.
  2. If he can run the coaching classes which might not be allowed to in comparison to the nature of the land as to whether residence or commercial.
  3. And giving on rent is allowed in residential plots also irrespective of its nature.
  4. He cannot ask you to remove the tenant if you happen to file a suit for partition claiming share in the roof area.
  5. And he cannot even ask you to vacate the property as both are equally residing at their respective place, and the apple of discord is over the roof area.

Sanjay Baniwal
Advocate, South Delhi
5210 Answers
12 Consultations

5.0 on 5.0

1. Since there is disagreement on division between the heirs of your grandfather the remedy is to file a suit for partition in the competent civil court.

2. Mere filing of partition suit does not mean that your mother cannot rent out the portion which is in her possession.

Ashish Davessar
Advocate, Jaipur
28752 Answers
836 Consultations

5.0 on 5.0

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