Property dispute
kul bhushan
(Querist) 19 March 2013
This query is : Resolved
sir ,i have my parantal house on main road in city.In front 7 shops are on rent(65 feet front) ,one passage (5 feet)on road side.I had purchased 3 shares out of total 5 from my brothers ,so i m owner of 4 shares now.One of my sister has claimed her 5th share in court ,which i m agreed to give her .But she want portion(65 feet/5=13 feet front on road) having passage on road instead of portion in her custody.In court ,proved that she is taking rent from tenant shopkeeper in her custody.
Can she claim another portion ,which is not in her custody as per law?
Is court bound to give her passage from road side when all shops are on rent except 5 feet passage on road??
Adv k . mahesh
(Expert) 19 March 2013
settle the matter by talking to her
how you came to conclusion thus you have any written agreement about dividing the property between your brothers and sister
prabhakar singh
(Expert) 19 March 2013
Is there any partition at least between you and her inside house and none of you have access to area of house occupied by each other barring the common passage of 5"?
If your answer is yes,then she can not,otherwise it is being still co owned of which partition is the necessity.
Is there any suit already going on?
If yes,by whom is the suit filed and for what relief??
Devajyoti Barman
(Expert) 19 March 2013
Give proper details of property. He claim for share is not clear.
Raj Kumar Makkad
(Expert) 19 March 2013
If no formal partition has taken place as on day then every co-sharer has right to get its formal partition and claim for the better portions but the court has to make its lawful partition keeping in view all aspects but long possession on a specific portion shall not add any point in your claim.
