Ancestral property
PRASAD JRK
(Querist) 24 March 2012
This query is : Resolved
Dear Sir,
I am Prasad. We have an ancestral property which was not in the either of the names of my Father as well as his Brothers. All three of my Father and his brothers have agreed to partition the Land but the Common Bore-well and Common Current will be in the name of my Fathers 2nd Brother. My Father is the Elder-most person in the Hindu Undivided Family Property.
We want the Land to be registered 1st and later on decided on the Motor next. As there is a dispute of Ownership of the Borewell and Current.
Can we File a Stay order without Partion of the Land.
My grand parents are nomore now.
Awaiting for your valuable advice Sir.
Regards,
Prasad
V R SHROFF
(Expert) 24 March 2012
Can we File a Stay order without Partion of the Land.
ANS : YES
CURRENT CANNOT BE CUT OFF, As Essential Supply. Similarly Water supply cannot be cut off.
Only bal , u can get stay./
SAINATH DEVALLA
(Expert) 24 March 2012
Dear Mr.Prasad,
You mean to say that the common borewell and power supply is in the part of your father's 2nd brother.Instead of settling it out within your family,why do you want to run around courts.The above two are essential commodties,and hence it should be utilised by all.At the first instance get the land registered,including a clause that the two essential commodities are common to all and the maintenance of the borewell to be shared by all and the power bill too should be shared.
But nothing wrong in getting a new borewell dug in your part and a new power meter installed too.That would solve the problem.
