Suit for partition and seperate possesion
shuaib zakaria
(Querist) 02 October 2013
This query is : Resolved
our grandfather expired inestate in 1948 leaving residential and commercial properties in his name
my uncles and father togethere six in all made a registered partition deed amongst themselves in 1971 wherein all the properties were alloted to everyone and mutated as thier share except for a old -1936 residential bunglow of 5000 sq ft area of plot 1.5 acre(which still stands in my grandfathers name) which was undivided by meets and bounds but kept in common among all six branches and to enjoy the same so all mutually decided and orally agreed to occupy and enjoy thier individual portion each portion consisting of 3 to 4 rooms each branch ,unfortunately my father died in 1975 my uncles and aunties started mistreating and abusing us as we were schoolgoing children that is when my mother locked our portion and shifted to a rented house close by to the bunglow and she used to go and clean the bunglow portion once in 2 to 3 months regularly and property tax was paid to the authority collectively by all six branches under the family surname ,last year one of the branches while developing thier portion demolished and encroached our portion for which we made a complaint with the authority the police and went legal and got a temporary injunction and court commissioner was appointed to provide the facts he made his report with photographs of our demolished and encroached portion but the injunction was vacated by the judicious mind by passing an order mentioning that the branch will be put hardship without a proper shelter as the same was in demolished condition and instead stated that to seek relief go in for suit for partition with seperate possession and we went for an appeal against the order but on argument the appeleate court did not pass orders for six months and the senior judge got transferred meantime the other branch took advantage and developed our encroached portion and is using the same with no option we have filed suit for partition with seperate possesion seeking relief of our share in our plaint(documents produced as evidence are 1)general land record extract of authority in my grandfathers name -1936 issued recently-2012 2)registered partition deed amongst all six branches wherein said bunglow is kept in common-1971 3) fathers death certificate -1975
4)legal heir certficate(warsa)issued by the tashildar authority -1998
now the other branches in thier written statements are contentending that suit is not maintainable it is barred by limitation and court fee of rs 200 paid is incorrect and it should be paid at market value
kindly advice and suggest and plz help with regard to limitation and court fee
sir sorry to trouble you but now the branches are contending that 1)we have no physical possession as the same is demolished and 2)you had sifted from the bunglow long back 3)that our mother has relinquished our share orally by accepting some amount sir kindly guide and advice
Raj Kumar Makkad
(Expert) 02 October 2013
The objections raised by your opponents has no legal meaning. Your right in the property cannot be taken by them just because your portion has been encroached upon or you are not living therein. No court fee is payable in case of joint family property.
Trust upon your lawyer.
Rajendra K Goyal
(Expert) 03 October 2013
Similar repeated query, post any subsequent clarification in same thread:
http://www.lawyersclubindia.com/experts/Suit-for-partition-and-seperate-possesion-muslim-family--380776.asp#.Uk0pWRCLq_I
http://www.lawyersclubindia.com/experts/Suit-for-partition-and-seperate-possession-by-meets-and-bounds-384606.asp#.Uk0pghCLq_I
http://www.lawyersclubindia.com/experts/Suit-for-partition-414951.asp#.Uk0pvxCLq_I
http://www.lawyersclubindia.com/experts/Suit-for-partition--382156.asp#.Uk0qOBCLq_I
