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Author Topic: Partitioning dispute  (Read 388 times)

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Offline jedavs

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Partitioning dispute
« on: June 10, 2018, 03:02:43 AM »
We have ancestral property at my native place (Hindu). My grandfather died in the year 1985 and my grandmother died in 1988. My father was the oldest son and have 4 brother after him.  After the death of my grandfather, some lands and farms were partitioned amongst my father and 4 uncles, however, our native place house (5 rooms) and lands near our house remained common (not partitioned).

My father passed away in 1995 and 2nd eldest uncle died in 2004. Both of them had insisted and requested other 3 uncles to have partitioning of our native place house as well as lands near our house. However, 3 uncles avoided partition on one or other pretext. My father have 3 sons and 2nd eldest uncle have 2 sons 2 daughters. After my father and 2nd eldest uncle’s death, these 3 uncles were looking after the affairs of ancestral property as they were retired. Whatever expenses comes of property tax, land revenue tax, festival expenses, house maintenance were equally distributed amongst all 5.

During the period from 2004 and 2014 we have number of meetings about partitioning of our house as well as lands near our house. Our Ancestral house has 5 rooms and one of them have about 40%-50% less area. We brothers and our cousins provided many solutions as how to resolve less area in room, however, our uncles were not in favor to solve this issue as they have kept their household items in full area rooms and have intention to get good rooms. In spite of having partitioning our house, one of my  uncle in 2015 had tried to install tile flooring in one good room without informing/intimating  us. After getting the news, we brother and cousins went to our village and advised him not to install tile flooring before Partitioning our house. However, our uncle remained adamant and had called “Punch”(5-6 villagers) from our village. Punch after hearing both sides gave decision that before partitioning no one can install tiles or can make any other construction/alteration in the house and advised us to resolve the issue between us. Thereafter, our uncles never shown interest for meeting with us. Since this incident, they are selling common trees without informing/intimating us and keeping money with them.

Again last year, same uncle had planted mango trees in common land without informing/intimating to us. Again we protested, however, uncle told us that trees will be common for us. This year again Uncle had built compound to the mango trees without informing/intimating us. We brothers have lodged complaint to ``Tanta Mukti Samiti’’. After hearing both sides, Tanta Muki Samiti has given their decision in writing saying that the action of our Uncle is unlawful and advised them no one shall occupy/use common land before partitioning. However, they have not asked uncle to remove the compound wall. Our 3 uncle’s intention is very clear they all want big share of the property and taking undue advantage of 2 big brothers are not alive. Our uncles want partitions as per their whims.

Under all these abovementioned facts and circumstance, I have following questions :-

1)   How to prevent our Uncle from illegally making any alteration/construction in good rooms  before partitioning in our house?
2)   How to prevent them from planting trees in common land before partitioning ?
3)   How to have fare and proper partitioning where all 5 will get equal shares?

Thanx in Advance.


Offline kalaskarkk

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Re: Partitioning dispute
« Reply #1 on: June 13, 2018, 12:04:04 AM »
Dear Sir,

My answers are as follows:

1)   How to prevent our Uncle from illegally making any alteration/construction in good rooms  before partitioning in our house?
Ans: You may file a suit for partition and get interim injunction restraining your uncle from any developments and cutting and selling the trees.

2)   How to prevent them from planting trees in common land before partitioning ?
Ans: The Court will also give injunction restraining your uncle from planting any trees on common land.

3)   How to have fare and proper partitioning where all 5 will get equal shares?
Ans: If any property is not divisible then such property will be put to auction and proceeds thereof shall be divided among the co-sharers.
« Last Edit: June 27, 2018, 02:39:30 AM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline jedavs

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Re: Partitioning dispute
« Reply #2 on: June 26, 2018, 02:42:41 AM »
Dear Sir,

My answers are as follows:

1)   How to prevent our Uncle from illegally making any alteration/construction in good rooms  before partitioning in our house?
Ans: You may file a suit for partition and get interim injunction restraining your uncle from any developments and cutting and selling the trees.

2)   How to prevent them from planting trees in common land before partitioning ?
Ans: The Court will also give injunction restraining your uncle from planting any trees on common land.

3)   How to have fare and proper partitioning where all 5 will get equal shares?
Ans: If any property is not divisible then such property will be put to auction and proceeds thereof shall be divided among the co-sharers.

Thanx Mr.Kalaskar
« Last Edit: June 27, 2018, 02:39:56 AM by admin »

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Re: Partitioning dispute
« Reply #2 on: June 26, 2018, 02:42:41 AM »

 

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