Can file Suit for Injunction order though Partition Deed?
Querist :
Anonymous
(Querist) 13 October 2010
This query is : Resolved
Dear Members my Grand Father died on 1982, and my Grand Mother died on 2008, and totally 7 children’s (3 male and 4 female) for my grandparents. The 2.20 Guntas property was an ancestral property of my GRATE GRAND FATHER, and my Grand father acquired the same in the year 1975 (he is the only one son for my Grate Grand Father), after died my GRATE GRAND FATHER. Thereafter in the year 1999 all 3 brothers shared the property on Sq, pet basis, vide Partition Deed, but in this Deed, by oversight typical error, totally measurement of property was mentioned as "2.30" Guntas (They had not given any share to 4 Females), property is located in Bangalore, close to Electronics City Elevated Fly over. The Katha was transferred to all brothers names. Now one of my uncle (father brother) wants to rectify the mistake in the Deed and he wants to sell his part, so he wants to show or modify it (Schedule) from “sq, pet to Gunats” to build Apartments under Joint Venture, so that he wants to modify the Schedule land property from Sq, pet to Gunats to reduce conversion charges. But my father and other uncle are not ready to sign for supplementary agreement, to do so. Hence other uncle is threatening to file stay order against entire property (in our father property we have built houses and leaving their). Further he is telling that he will file SUIT for permanent injunction and with other ground that the said partition Deed is unclear and not shared to Female sisters. Is this possible? Can he file SUIT for stay though partition Deed? Can I suggest my father to file CAVEAT petition in Bangalore Court?
Other Females are entitled to get share in this land?
What action FEMALE can initiate?
Can I suggest my father to sell his portion of property?
What action we can take to protect our property?
Please advice.
