partition of property

Querist : Anonymous (Querist) 24 July 2010 This query is : Resolved
Sir, my mother,younger brother and myself(elder)share a piece of land.Before the demise of my younger brother he had transfered his share to his wife.Thereafter,she constructed a houz in the front portion of land and had been residing there. I alongwith my mother stay at hyderabad.My and my brothers share is 175acres and mother's is 75acres.I want to dispose my and my mother's share but since the share is not demarcated she claims the front portion to be hers and refuses to go back since there is a variation in prices of front and behind portion.please guide if partition suit will be helpful and who could get the front share?

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niranjan (Expert) 24 July 2010
Though you will be benifitted by escalation of price when the partition suit is decided.

Yamalapalli Haribob (Expert) 24 July 2010
If there is no partitionamong your brothers,u can move partition suit.But u are saying that your brother's wife constructed a housein front portion,she can also contest that there is partition by filing documentory evidence and as such she has constructed a house in front.If there is no evidence on behalf of your brother's wife about construction of house,definetly u can seek partition.

Devajyoti Barman (Expert) 24 July 2010
You can always file a suit for partition but noq you can not claim the front portion as by waiting for so long you have waived your right over that portion by way of delay, laches and acquiescence.

s.subramanian (Expert) 25 July 2010
suit for partition will not take you any further to get front portion.already your brother's wife has occupied a part of it. so try to settle the matter amicably by convincing your mother to heed to your request. courts or suits cannot get you the relief that you want even though they can get you your due share in the property.

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