Partition of property with 3 interested shareholders and 1 uninterested greedy shareholder
Vaibhav
(Querist) 23 June 2013
This query is : Resolved
We are Hindu family native of Purnia, Bihar but right now living at Mumbai..
We were 4 sisters (First 2 already dead and last 2 are living).. we have a Joint Undivided Paternal property at Purnia,Bihar. My father and mother died in 1968 and 1974 respectively without making any formal will..All sisters are married with children.
Now only the 3rd sister and me (4th sister) are living..
Our whole property comprises of :- Farming land of 100 acres..
Dwelling-house with surrounding unbuilt land plot..(house is empty right now since noone lives there)
40 shops at prime location of the city..
The 3rd sister is married to a lawyer of Purnia itself and is a LOCALITE of the city where all this property is based.
After death of our mother, we 4 sisters in 1985, decided to get the shops built by the supervision of 3rd sister and her 2 sons giving them a monthly remuration of Rs.200 /month.
This deal was done on a plain paper signed by all 4 sisters in 1985..
The 3 rd sister and her sons after completion of shops turned greedy and have not given any money generated from “farming land and 40 shop's rent” to any of the other 3 sisters..
They are localite of that city, they have blatantly declined to agree to any partition by Mutual agreement..
Since i'm old and living with my sons in Mumbai, its very difficult for us to go to Purnia , Bihar at regular interval as its a very small town and very hard to reach by road and train..
My 3rd sister has just been taking advantage of this fact and declining any mutual agreement of partition..
The children of 1st and 2nd sister are all females. They are married and settled in other cities of bihar..They also want the property dispute to be settled ASAP.. But they are also facing the same treatment by my greedy 3rd sister and her sons..
The Children of 1st and 2nd sisters along with me are contemplating filing a partition suite but since all 3 of us are living outside Purnia, its very difficult to go there again and again at frequent intervals..
I am living with my 2 sons at Mumbai and “STAYING at purnia for a LONG time” is not feasible for any of us..
My 3rd sister being a LOCALITE has just taken advantage of this fact and making life difficult for everyone..
3rd sister (Localite) is not getting ready for a Mutual agreed property partition and filing a Partition suite and fighting the court case for next 20-30 yrs is not feasible for rest of us..
Kindly suggest me what to do and how to proceed?????
Q1) How to proceed??
Q2) Since there no formal will ever made, there is no property papers..
we do not have any Property papers or receipt of MALGUJARI (Revenue).. What to do??
Q3)We are not sure if the revenue receipt (Malgujari) includes our name or not.. If not, is it a significant problem ??? How to correct it ??
Q4) We came to know from some neighbours that some part of property has been sold to “Criminal STRONGMAN” and also done Mutation of land without other share-holder's consent..what is the right step to do in this situation??
Q5) Can 3 of the share-holder (excluding the LOCALITE sisiter) become a single party and file partition suit OR i have to do it independentally??
Q6) Do i need to be present in each and every Court hearing..??? (since i live at Mumbai and 3rd sister is a localite)
Q7) What if someone sells/ tries to sell the property before or during the partition suit is filed??
Q8)If i want to sell my “RIGHT” on property to someone,
can i do it Before / During / After a partition suit id filed??
will they file a case against us and what could be the complications ?? Do i need to be present in all the hearings personally ??
What if i want to sell my “RIGHT” to propety (in any ways) to other property holders or neighbours..??
Can I sell my “RIGHT” to property directly to any OUTSIDER party without any prior information to other property holders..??
Q 9) What if my other 2 sister's children along with me to some OUTSIDER party..
what would be the complications??
Q 10) They supervised the construction of shops from Farming land's earning after a written mutual agreed monthly remuration of Rs.200/- but now they FALSELY claim that they have invested their own money in building those shops (which is a white lie).. They are not ready to show any Balance sheet for past 25 years .. What/ How to proceed ??
Q11) What complications can happen if a "STATUS QUO" is maintained by all the Share holders and partition is not initiated 9 (neither Mutually nor through Court)??
What precautions we have to take before reclaiming the property after say 10-15 years from now??
Devajyoti Barman
(Expert) 23 June 2013
Any of you can claim your share. Revenue receipt does not determine title over property. It is prima facie proof of possession.
Since it is civil suit , you need not be present on every date.
Take help of local civil lawyer.
prabhakar singh
(Expert) 23 June 2013
In my practical approach to the facts stated, barring a dwelling everything must be sold by sisters being denied of partition locating a buyer.
Of course market value would not be available as the buyer would have to face partition litigations sisters are avoiding.
No other alternate in such circumstances.
V R SHROFF
(Expert) 23 June 2013
Why not file Partition suit, get Property records thru local lawyer.
u need not attend personally.
Partition will not take long time.
Get STAY , SO GREEDY SISTER CANNOT SELL
Vaibhav
(Querist) 23 June 2013
Thankyou sir,
but kindly help me with some more queries..
Q1)how much time it would take for the court to appoint a RECEIVER for such case..
Q2)what if the local lawyer gets bribed by the opposite party (my LOCALITE SISTER) and conspires to keep delaying the case or does something to get the case in their favour..??
Q3)How and what steps to be taken to keep a tab over the legal actions of the Local lawyer.. (since i'm not a localite)..??
Q4)How to get a certified copy of all the hearing related matters..??
waiting for your kind reply
Regards.
R.K Nanda 
(Expert) 23 June 2013
contact local lawyer personally as ur case is
complicated.
Rajendra K Goyal
(Expert) 23 June 2013
1. You may give a power of attorney to a confidential person who can look after the case and also can spare some time. He can file a partition suit on your behalf or otherwise.
2. You have your right on the property and no will is required for the same.
3. Revenue receipt is not a proof of ownership.
4. You can also try to sell out your share to local strongman as advised by the expert Prabhakar Singh ji. It will definitely not fetch market value. Leave all litigation to prospective purchaser.
5. If others agree they can join you in the suit
6. You need not to present in the court. Your Advocate and or POA holder will look after your interest.
7. He can sell his share.
8. As advised you can sell your share. If they file suit your Advocate or POA holder can appear on your behalf.
9. You can sell.
10 Let the matter be represented in Court or consult local lawyer in the matter.
11 They will continuously enjoy the situation in such condition.
Supplementary information sought.
1 It depends upon the court.
2 Complaint can be lodged to Bar Council. It will result bad name to him.
3 As advised follow up may be done through confidential POA holder.
4 On applying to court and paying charges you can get certified copies of the proceedings.
You should appoint some confidential person as POA to act on your behalf.
