Oral partition
mukund
(Querist) 30 July 2013
This query is : Resolved
my two uncles have orally allowed & permitted me to build house in 4 gunths land which is our ancestor's property.
14 villagers are witnessed for this.
now third uncle is pressurizing two uncles to divide this plot in 2 parts equally.
and two uncles are also accepting his demand.
what can i do?
Anish Thakur 7018812737
(Expert) 31 July 2013
Dear Querist,
The oral family partition is equally valid so as to any registered partition.There are many supreme court judgments on this.feel free to call for any further query.
prabhakar singh
(Expert) 31 July 2013
Let them do what they decide to to do.
You have already raised the constructions.
In any action from them you can claim it to have been raised after it was allotted to your share account in oral partition.
Even if you fail to prove oral partition,constructed portion shall be granted to you.
mukund
(Querist) 31 July 2013
i have not built the construction.
only bhumi-pujan has been performed in the presence of villagers .
i have photographs of the same.
out of 4 gunthas i am going to build house on 1300 sq.ft.
my third uncle is asking for balance open land after giving me 2000 sq.ft land out of total 4000 sq.ft land which was given to me by two uncles earlier.
should i build the compound around entire plot first before constructing house.
Nadeem Qureshi
(Expert) 31 July 2013
Dear Mukund
you can easily bear consultation fee of a lawyer, contact a lawyer personally
prabhakar singh
(Expert) 31 July 2013
Mr.Mukund !
You seem to be a professional as i notice at least 3 to 5 queries daily.That is not bad but you should post all relevant facts at one go and do not have right to improve facts every time you get a answer but you seem to have in habit of then please note i am not obliged to attend your this kind of mischief.I am sorry!
Rajendra K Goyal
(Expert) 31 July 2013
Legally how much land comes in your share. Since the partition was oral, it had to be proved through evidences in litigation. Whether the land allowed to you is your legitimate share.
If it was in excess, your uncle have right to divide.
mukund
(Querist) 31 July 2013
Mr Rajendra Goyal
yes, the land allowed to me is much lesser than my legitimate share.my actual share is
4 acres.
what i have got is plot to build my house which is 4 gunthas.
R.K Nanda
(Expert) 31 July 2013
get stay order from civil court against ur uncles.
Raj Kumar Makkad
(Expert) 01 August 2013
It shall be better to get the legal partition from the revenue officer so as to avoid all future complications and for your betterment also as you are being offered with lesser share.
mukund
(Querist) 01 August 2013
Mr Makkad
which revenue officer is authorized to do partition,
talathi, tahasildar, collector.
R.K Nanda
(Expert) 01 August 2013
file partition suit in court.
