House property details
Karthi Sarathy
(Querist) 19 August 2015
This query is : Resolved
Good Day to Everyone,
My great Grand Mother purchased a property in 1927 (2100 sq.ft.) in the name of Kanniyammal, and she lived with her husband, 3 Sons & 2 Daughters. After married of 2 daughters, they left out from her house. Her 3 sons were used the same house with his family, their name was 1. Sami, 2. Mani & 3. Pani.
1.) Mr. Sami is my grandfather and who has two wives. 1st wife has 1 son (after her died) and 2nd wife has 1 son & 4 daughters. (I am grandson of 2nd wife of her one and only son)
2.) Mr. Mani has 6 Sons & 5 Daughters
3.) Mr. Pani has 2 Sons & 1 Daughters
(Mr. Pani left out from the house before 1980. But, still he is living (alive) in the same city with his own house and his age is 92+years old.)
In 1983, Mr. Sami & Mr. Mani family has divided the house as 9 feet x 110 feet for Sami families & 11 feet x 110 feet for Mr. Mani families in vertical position. After the partition, both the families are using the house in the same manner till date. Now, my part house got collapsed. So, we are planning for small level construction of house. Because, my father was expired in 1986, after his died me and my mother were living in the same house till date. So, we are paid / paying property tax, water tax and EB Bill, etc., from 1980 to till date.
My question is :
1) Is it possible for any legal action from my cousin (Mani or Pani family members) side at the time of construction or in future? If yes, what kind of loss may affect or how to prevent it?
2) If in case the house may repartition again. How will part it? Were their Grand Father’s Generation (3+2=5 Members) or my father’s generation (1+1+4+6+5+2+1=20 Members)?
3) Or any Special Acts (Indian Law) is there to retaining the same house. Because, I am living with my family in the same house more than 30 years.
4) Else, how to get my part of house / asset legally?
Please give your kind guidance to live with that house with my family further and future.
Thanks in Advance,
Karthi. S
Anirudh
(Expert) 22 August 2015
1. First, if at all the property has to be re-partitioned, it has to be 13rd each between Sami, Mani and Pani. And not in the way that you have assumed.
2. Now Pani has not asked for any share. In that scenario, Sami and Mani have to get equal share i.e. 10 x 110. However, Mani has got more share i.e. 11x110. Therefore, the question of Mani's family asking for more share may not arise. (In case, Pani stakes his claim, then all the two of you i.e. Sami and Mani will get lesser share than what you now have.)
3. Mani and family should not have any problem in case you get your portion repaired. In any case, better talk to them in advance, show them how your portion has become so bad that it requires repair/reconstruction so that they are also taken into confidence. Many a times, not proper communication is the main reason for all troubles. Better speak to them and seek their help. (Obviously, you need not discuss about the partition etc. etc.).
4. As you are living in your portion, even after carrying out the repair/reconstruction, you may remain in the same premises. But, unless, there is partition of the property between Sami Mani and Pani, you will not be able to get legal title to the premises. If the question of legal title for the portion of Mr. Sami comes, then the legal heirs of Mr. Sami will have equal share.
