Partition & interim stay against co-sharers during partition
Learner
(Querist) 16 December 2011
This query is : Resolved
Can a co-sharer force partition & get interim stay against co-sharers restraining them from alienating their plots during the pendency of the partition proceedings?
The relevant facts are:
1.It is a 10 Kanals (54500 sq. feet) agricultural gair-mumkin land, now situated within municipal limits of a small town in Haryana.
2.The original seller sold his share in specific numbers of 10 Kanals to three persons some thirty years ago. They divided this land into some small plots of unequal dimensions and sold it further. So it is an unauthorized colony but still unpopulated.
3.The property is a joint property (Mustrka Khata), some of the opening sale deeds bear unclear dimensions. The original sellers have not yet sold their entire share, thus, hopefully, leaving the share for the streets.
4.During the course of time, dimensions in subsequent sale deeds were deliberately changed & possessions altered to dispossess the weaker ones. As a matter of record, the alteration in subsequent sale deeds can be shown.
5.The partition proceedings would commence in Civil Court as the land is gair-mumkin.
So, can we get the interim stay during partition proceedings against the co-sharers? What is the law & what are the chances?
Guest
(Expert) 16 December 2011
The co sharer can only sell his part and not the part of the other and moreover when the cosharer is selling his portion than he have to give the possession of specific portion.
In your case when they sold the portion than they must have to obtain the change land use certificate to establish an authorized colony and for that the Municipal corporation will give its permission
Guest
(Expert) 16 December 2011
I have already answered your query in forum area. kindly see it
