Property dispute
kul bhushan
(Querist) 20 March 2013
This query is : Resolved
Kind attn.Mr K.Mahesh,Mr.prabhakar singh,mr.Devajyoti Barman,Mr raj kumar makkad.In continutation to my previous query,as you sought more information (adding here)
sir ,i have my parantal house on main road in city.In front 7 shops are on rent(65 feet front) ,one passage (5 feet)on road side.I had purchased 3 shares out of total 5 from my brothers ,so i m owner of 4 shares now.One of my sister has claimed her 5th share in court ,which i m agreed to give her .But she want portion(65 feet/5=13 feet front on road) having passage on road instead of portion in her custody.In court ,proved that she is taking rent from tenant shopkeeper in her custody.
Can she claim another portion ,which is not in her custody as per law?
Only one share holder has passage ,what other 3 will get ,if this passage given to her by court??
Is court bound to give her passage from road side when all shops are on rent except 5 feet passage on road??
1There is no written agreement on division.My sister has filed case in court for getting share which i had got evicted from supereme court on personel necessity.
2.This passage is common and all share holders are taking rent from their shopkeepers.This is commercial property.
Adv k . mahesh
(Expert) 20 March 2013
at the time of arguments you have to demonstrate and satisfy the court that without that passage there is no way in and out and if the passage is closed or given to you will be suffered a lot
to point 1 you said there is no written agreement
then how you have divided the property orally or only through mutual consent
point 2 common passage with commercial property
7 shops and thus she is taking the rent and dividing the amount through all you
Raj Kumar Makkad
(Expert) 20 March 2013
Your similar query has already been duly replied by me after taking into consideration the entire facts posted by you.
Anyway, your sister has every right to get the partition of the property and get the share at par with you but limited to her own share. She is entitled to have proportionate share in front and back side of the property as per law.
