To start we are seven siblings which are as per below :-
1. Devaki (Sister) – stays in Mumbai
2. Chandra (Myself) – stays in Mumbai
3. Saku (Sister)- Stays in our property
4. Madhav (Brother) – stays in Mumbai
5. Mohan (Brother) – stays in Mumbai
6. Nagraj (Brother) – stays in Mumbai
7. Usha (Sister) – was staying in Daman till May 2016
Our father expired in 2001 and our mother expired in 2006. On death of my father all our property (Parcel of Land in Hejamdy - Mangalore) including one house was transferred on my mother’s name and on her death it was transferred in the name of all our seven brothers & sisters.
There is one signed agreement (as per Mrs Devaki – Elder sister) which says a part of the property (50 cents) was given to her by our parents in 1981. That document is not registered and today in all the government records it is in the name of all seven siblings.
In the month of May 2016, Mrs Devaki made one power of attorney for selling the property (50 cents) without discussing with any other siblings. At that point no one was ready for the sale and hence no one signed the power of attorney. In July 2016 except Me & my younger sister Usha, everyone else has agreed for the sale and signed that Power of attorney. We (two siblings) are against it.
Now when my younger sister Mrs. Usha shifted to our native place (Hejamdy – Mangalore), Mrs Saku harassed her and asked her to leave the house. Now we (two siblings) are asking for property partition and other sibling are not supporting for it.
We have below queries :-
1. How can we get our share ?
2. Legal stand of the agreement signed in 1981.
3. Can we put a stay on the property and House for non-usage till the time of decision of the case. Can court seal the property on request till the decision is out.
4. Supreme court judgement of girl getting share for death of father before 2005, weather applicable to this case ? Currently in government records its in the name of all siblings.
Asked in Property Law from Hejamady (Mulki - Mangalore), Maharashtra
1) you have to file suit for partition for division of property by metes and bounds
2) agreement signed in 1981 has no value as it is not stamped and regd
3) seek injunction restraining sale of property
4) property would not be sealed
5) SC judgment is not applicable as it is not ancestral property
1. File a declaratory suit for partition and separate possession of the property.
2. The agreement purported to be in possession of Mrs.Devaki is not valid since it is not duly stamped and registered. Unregistered agreement is not valid in the eyes of law.
3. You can get stay order from the court preventing the other siblings from selling the property without your permission, since you are one of the legal heirs.
4. Before the amendment of 2005 became operational and in the municipal records also since all the 7 siblings' names are recorded as joint owners, the amendment of 2005 does not destabilise the ownership of all the 7 siblings.
1. You are required to file a suit for partition to cull out your separate share.
2. Without perusing the 1981 agreement that you are referring to it is not possible to form an opinion. Unless it was a family settlement it had to be mandatorily registered.
3. You can jolly well file a civil suit to restrain other siblings from selling the property during the pendency of partition proceedings.
1. If there is n amicable partition then a partition suit has to be filed before the jurisdictional court seeking partition and separate possession of each individual's share in it.
2. This has no validity in the eyes of law since it is not a registered document.
3. NO. You can obtain a stay for not to alienate alone.
4. NO. That judgment is not applicable or relevant to this issue.
In this case, while filing the plaint i have below queries :-
1. Should we mention about the 1981 contract in the plaint or should we wait for them to reply after filing the plaint.
2. Case for partition is enough or we need to have a separate Injunction for barring them to sale the property without our consent.
3.Till the time the case is going on the court - we also want to stay in the house - any points to be added in the plaint for this and for our safety
4. The cost for fighting the case can be recovered from the other party ? This need to be added in the plaint or at the time of final decision ?
Asked 7 months ago
1) you can mention about 1981 agreement but state that it was never acted upon
2) in suit for partition seek injunction restraining your siblings from selling the property
3) you are at liberty to stay in the house
4) you can claim costs in the suit
1. You may plead and mention in the plaint only those things which are absolutely necessary for the suit and the cause of action , do not travel beyond your relief.
2. In the parition suit itself you can file an application for injunction as an interim relief.
3. Nobody can thriow you out of the house especially when there is a litigation pending.
4. The costs can be pleaded in the prayer column of the plaint.