Partition suite / property allocation dispute
shiv
(Querist) 14 July 2018
This query is : Resolved
Hi Sir,
We have property in Gyanpur road ( Plot 1 , 2 , 3 , 4 all plots are adjacent to each other as Plot 1 = Brother 1 , Plot 2 : Brother 2, Plot 3 : My land and Plot 4 : Brother 4 ) and those are not divided on papers in between 4 brothers , however we had come to an agreement of allocating equally divided land and had wrote it down on stamp paper ( 10 Rs /50 Rs almost 1 years back ) but not registered it however after a year one of my brother’s wife have constructed a shop on agriculture land Plot number 3 and as per the previously agreed document that land belongs to me and she denied to accept those terms now.
Please suggest as due to medical condition I want to sell that part of land along with my another brother plot who is also interested to sell with me (his plot number is 4) however due to shop construed by my brother’s wife I am not able to sell combinedly i.e.., ( Plot 3+Plot 4 ).
And I am the only survival out of my all 4 brothers.
Please assist how can I solve this issue asap.
Shashikant V. Patil
(Expert) 14 July 2018
You have not legally carried procedure for partition i.e. make a partition deed of 4 plots for 4 brothers mentioned therein the proper boundaries and get it registered with SRO by affixing proper stamp duty. Mutation to this effect will be taken by patwari on production of the same. After this procedure, you all will be a bonafied owner of these plots. Later , you may sell it as per your wish.
kavksatyanarayana
(Expert) 14 July 2018
As your brothers died, their heirs and you shall devide the proerty and get it registered. As your brother's wife already constructed a house in a plot, give her that plot and you take her plot (as it was done previously, now change according to your discussions in amicable way).
Kumar Doab
(Expert) 15 July 2018
Probably all legal heirs are not in your favor and probably that is why you are singled out.
Still some settlement may be possible and you have to try for IT. If possible take help of elders, community leaders, panchayat etc and resolve the matter.
Or approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….ASAP and be properly informed and prepared for litigation.
Check for such counsel at LOCAL civil courts, HC, SC.
Kumar Doab
(Expert) 15 July 2018
It is felt that in absence of registered partition deed None may be able to sell with boundaries.
It is in everyone's benefit to resolve amicably to approach court to partition with boundaries and also to consider mense profits...
