Partition of property and injunction
rocky
(Querist) 05 December 2015
This query is : Resolved
1.MR. ABC(HINDU) HAD FOUR CHILDREN - 1 SON (MARRIED AND LIVING WITH MR.ABC)& 3 MARRIED DAUGHTERS.
2.MR.ABC DIED IN THE YEAR 2007 LIVING BEHIND HOUSE (Made on Residential plot) WITHOUT ANY WILL.
3.HIS WIFE ALSO DIED WITHIN WEEK TIME.
4.AFTER EIGHT YEARS i.e. IN THE YEAR 2015 SON HAS STARTED DEVELOPING COMPLEX / BUILDING OVER THE SAID PLOT AND HAS DEMOLISHED THE HOUSE. HE IS HAVING PUT FOR SELL REMAINING FLATS AFTER COMPLETION OF CONSTRUCTION.
5.THE PLOT WAS WAS NEVER TRANSFERRED IN SON'S NAME WHEN THE FATHER WAS ALIVE.
6.HE HAS NOT OBTAINED ANY NOC OF HER THREE SISTERS
7.KNOW THESE SISTERS WANT TO CLAIM THEIR SHARE IN THEIR FATHER'S PROPERTY
A. MY QUESTION IS KNOW WHAT THESE SISTERS CAN DO AS THEY APPROACHED THEIR BROTHER AND ASKED FOR THEIR SHARE IN PROPERTY WHICH WAS IGNORED BY THEIR BROTHER.
B. IS THEIR ANY LIMITATION TO FILE SUIT FOR PARTITION
C. WHO CAN THEY STOP THIS CONSTRUCTION WORK
KINDLY ADVICE
Guest
(Expert) 05 December 2015
Daughters have Equal Right as Brother.First obtain Legal heir certificate and Consult Local Good Senior Advocate and Obtain Stay for the Construction and File the Suit for Partition.
prabhakar singh
(Expert) 05 December 2015
A suit for partition is along with the prayer of an injunction, prohibitory as well as mandatory, is your remedy.As constructions are going on the sooner, you file the suit the better that would be.A relief of damages for the demolition of the old house can be also sought for.The Share of the brother is only 1/4th ,so is of each daughter.
The matter is urgent and the injunction is the equitable remedy, delay defeats equity, hence file suit as early as possible without thinking about limitation.
Kumar Doab
(Expert) 05 December 2015
Approach a senior counsel specializing in such/civil/family matters ASAP and act on the advise of senior expert Shri Parabhakar Singh.
rocky
(Querist) 06 December 2015
Thanks everyone one
Dr J C Vashista
(Expert) 06 December 2015
I agree with experts, consult a local prudent lawyer or a tutor for proper guidance and advise.
Guest
(Expert) 06 December 2015
Agreed with Senior Expert/Advocate Mr.Prabhakar Singh
Rajendra K Goyal
(Expert) 06 December 2015
Agree with the expert prabhakar singh ji.
K.S.Srinivas
(Expert) 10 December 2015
A) One son and three daughters of ABC are entitled for equal shares in the property of ABC.
B) So far the time limit to file a partition suit is concerned the is no time limit, because the concept of law is " the share of a person cannot vanish with the period of time", but for claiming a title over a land the period is 12 years and beyond that also if the person is able to so show how he was precluded from approaching the court, within the mandatory period of 12 years, one can proceed further.
C) File a suit by engaging an efficient advocate and get injunction orders for stoppage of construction.
