Distribution of land of family by civil court
vikas
(Querist) 07 January 2012
This query is : Resolved
Respected sir,
We are in a joint family. I parted off by my family 20 yrs ago. Now i want all property get distributed of my family. All properties are bought by my father some in my name some in my brothers and sisters.Some land is bought in my mothers name also. Apart from that my brothers and sister including me also have bought some land and house by themselves not by my father.I have a land of 1 acre bought by my father in my name years ago.My father wants to distribute that land to all brothers and sister so a case about this is running in tehsildar court.If we win then my father will appeal in civil court. I also want to apply a case for distribution of properties simultaneously with the case of this land.Some people(including some lawyers also) says that civil court will put a stay in all the properties of my father,mother,brothers and sister and mine too and eually distribute all the property of family to all the familly(brother,sister,parents).
MY QUESTIONS ARE AS FOLLOWS:
(1)IS SUCH KIND OF STAY CAN BE PUTTED IN CIVIL COURT ON ALL PROPERTY?
(2)IS PARTITION OF ALL PROPERTIES POSSIBLE OF MY FATHER AND MOTHER INCLUDING PROPERTIES BOUGHT BY MY FATHER ON NAMES OF ME.,MY BROTHERS AND SISTER?
(3)IF SUCH STAY ON PROPERTY POSSIBLE THEN FOR HOW LONG CAN THIS STAY WILL BE THERE?
(4)IS THERE IS ANY POSSIBILITY THAT CIVIL COURT DISTRIBUTE ALL THE PROPERTY BOUGHT BY SISTERS,BROTHER,PARENTS TO ALL EQUALLY ?
THANKING YOU IN ADVANCE...))
I GET VERY USEFUL HELP FROM ALL OF EXPERTS.
Devajyoti Barman
(Expert) 07 January 2012
1. Yes the party to the suit can apply for injunction against transfer during pendency of the trial .
2.You can include as many properties as you can if there is a jointness of ownership. If any property is elf acquired then it is better to exclude.
3.As long as the suit would be pending which is called 'temporary injunction'.
4. Yes if there was joint ownership. You have to show proofs that the property in question was bough out of joint fund or by your predecessor in interest.
Raj Kumar Makkad
(Expert) 08 January 2012
I do not agree with the basic view of those lawyers or barman in the given matter.
As you have no joint hind family so every person in whose name the property is registered is its exclusive owner and no other person can force him or her to get it declared as of joint family property and then to get it partitioned among all members of family.
Benami transaction act is applicable in India so every one is owner to the extent of his own property being shown in the title deeds.
The partition of ancestral properties can be got through court of law and for that purpose no stay is required to be obtained on any other property standing in the names of respective persons.
V R SHROFF
(Expert) 08 January 2012
View of Shri Raj is appropriate.
To get injunction order, you have to establsh jointness, and your right therein.
Your Agreement/ Document, and source of purchasing it, play vital role in deciding "STAY ORDER"
prabhakar singh
(Expert) 08 January 2012
All the properties are created in different names which are strong peace of evidence to speak that they belong to names they are hence at least prima facie there is no case of 'interim injunction'and even on merit it would be hard to prove any jointness.Even BENAMI option of your father does not appear to support him in view of current law in force.
