Property
jatin aggarwal1987
(Querist) 01 September 2012
This query is : Resolved
respected sir
A,B,C are three brothers. D,E,F are three sisters of Z (mother)and X (father). X father has expired in 2002 after death of X's death Z also expired after some years.there are number of property which the same has been sold by Z when she was alive and all the properties was came to them from their father and forefather means neither Z nor X purchased the said properties (not self acquired).
before death the mother Z has given share to all her children except A (elder est SON in above all children)but A is living in one house till now.
there are number of properties in which all has been sold by the brothers of A and Z (mother) without consent and acknowledging the one A.
during life time of Z, A has filed civil suit for declaration against his mother Z, and all other bro. and sisters. in which one brother B is appearing and C is held exparte in the suit.
And A has filed one criminal complaint under S. 420,465,467,468,471 against the mother Z and others B,C and the P (purchaser, who know that the property is also relates to A and with his signature it can't be sold)
(the above said complaint and civil suit is only with regard to other properties which the same has been sold by all without consent and sign of A but suit/complaint is not relate to the house in which he is residing. i mean still no dispute is there in court regarding the house in which A is residing. although other bro. can claim partition with regard to this house also. but now the queries are:
1. whether A can construct the house in which A is living?
2. if A construct the house without acknowledged the other brothers what will be the consequences?
3. if other bro. and sisters claim partition or create dispute with regard to the house constructed in future what will be the defense to A. (A has not got not even a single pai but all money sold from the properties shared in other all but A is only in the possession of the house)
4. before constructing the house whether A shall make some precautions by which he can prove in future that the house is constructed by him with his own money i.e., a contract with the house constructor (thekedaar/mistri who will construct the house), bills of cement, sariya etc.
please guide me as soon as possible i will wait for ur respected guidance
( NOTE:- A in every case want to construct house because house is too much old and may also be harmful if A will live in it as it is)
sukanya (Joyce)
(Expert) 01 September 2012
whether partition suit is filed by any of you. did you receive any share in that? now you are staying in the house where no bro or sis are claiming your home, take consent from your bro & sis before you go for construction. is the relation good with your bro & sis or is it strained, let us know. there are more chances that your bro & sis can claim share in partition including your house.
jatin aggarwal1987
(Querist) 03 September 2012
no with regard to House no partition suit is filed by any of Brother & Sisters.
no A has not received any share except the possession of the House. there are number of properties in which number of has been sold and the Bro. A has filed suit for declaration against his brothers and sisters only with regard to on house and one shop sold by his brothers as well as sisters fraudulently and without consent and sign of A. and the purchaser also well aware of this fact.
only one brother will not object to construct the house but will not transfer the ownership in the name of A. all other will object if they will come to know about the construction.
except A's house in which he is living suit for declaration has been filed by one A. but no partition or other suit is filed as against the house in which he is living.
please guide
1. if A made construction on the house what will be the consequences.
2. what precautions/defensive steps should be taken by A to prove that he has constructed the house with his own money when other will file the case for partition in the house. or there is any benefit if A has proof that the house is constructed by him with his own money.
3. how much time will take place if partition suit be filed by the other brothers in future.
jatin aggarwal1987
(Querist) 10 December 2012
respected sir
A,B,C are three brothers. D,E,F are three sisters of Z (mother)and X (father). X father has expired in 2002 after death of X's death Z also expired after some years.there are number of property which the same has been sold by Z when she was alive and all the properties was came to them from their father and forefather means neither Z nor X purchased the said properties (not self acquired).
before death the mother Z has given share to all her children except A (elder est SON in above all children)but A is living in one house till now.
there are number of properties in which all has been sold by the brothers of A and Z (mother) without consent and acknowledging the one A.
during life time of Z, A has filed civil suit for declaration against his mother Z, and all other bro. and sisters. in which one brother B is appearing and C is held exparte in the suit.
And A has filed one criminal complaint under S. 420,465,467,468,471 against the mother Z and others B,C and the P (purchaser, who know that the property is also relates to A and with his signature it can't be sold)
(the above said complaint and civil suit is only with regard to other properties which the same has been sold by all without consent and sign of A but suit/complaint is not relate to the house in which he is residing. i mean still no dispute is there in court regarding the house in which A is residing. although other bro. can claim partition with regard to this house also. but now the queries are:
1. whether A can construct the house in which A is living?
2. if A construct the house without acknowledged the other brothers what will be the consequences?
3. if other bro. and sisters claim partition or create dispute with regard to the house constructed in future what will be the defense to A. (A has not got not even a single pai but all money sold from the properties shared in other all but A is only in the possession of the house)
4. before constructing the house whether A shall make some precautions by which he can prove in future that the house is constructed by him with his own money i.e., a contract with the house constructor (thekedaar/mistri who will construct the house), bills of cement, sariya etc.
please guide me as soon as possible i will wait for ur respected guidance
( NOTE:- A in every case want to construct house because house is too much old and may also be harmful if A will live in it as it is)
please guide me on the matter i am very thankful to you for your bonafide guidance.
