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Author Topic: Partition of property newly acquired after evicting tenants  (Read 329 times)

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Offline rajuchacha

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Partition of property newly acquired after evicting tenants
« on: April 14, 2017, 03:08:43 AM »
Sir,

We have about 300 sq yards property situated in Delhi. Before 1978 my father and his elder brother were living in a small house having area of 100 sq. yards. And rest of the property was under tenants possession. The elder brother left the place and started living in some other part of Delhi due to daily quarrels with tenants and asked my father to take care of the property and fight the court cases with the tenants by himself. 

So my father fought long legal battles for all these years and recently got the tenants evicted from one of section of the property and also allow them to take a smaller portion as a compromise.

So there was a eviction order from the court on one section and there was a compromised reached between my father and tenants on another section.

Now my father's elder brother is asking for his share from the total property which is under my father's possession and has filed a partition case for the property.

I want to understand what is our legal standing in this case. Does my uncle have a legal right in the property which was later acquired by my father through court cases and evicting the tenants?

Thank you .


Offline adv.amarnath

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Re: Partition of property newly acquired after evicting tenants
« Reply #1 on: April 22, 2017, 10:41:54 AM »
First it is required to see that in whose name property was registered. If it is jointly purchased that uncle has right to claim his half share otherwise your father is sole owner (if property is in your father's name).
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Amarnath Sanyal
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