Gaurav (Engineer) 24 May 2014

Family property partition dispute

Hi,

My grand grand father owned a home which is 2 story building in Seoni, MP. He had 2 sons and 3 daughters. He died around 1988 without making any will. To make a temporary arrangement, my grandfather and his younger brother signed a mutual agreement on 10 Rs. Stamp paper on 1992.

Below are the key points of agreement:

1. It is decided that my grandfather will occupy upper 2 floors and his younger brother will have ground floor. Both will not do any new construction on their part.

2. Both and their sons are agreed on above commitment.

Everyone has signed on this agreement except my father as he was not ready.

My grandfather has 2 sons and 4 daughters. His brother has 3 sons and 1 daughter. My grandfather died 8 years ago. Now my uncle lives in above said 2^nd and 3^rd floor and my grandfather’s younger brother lives in ground floor with his 2 sons and their family. Recently they started new construction on ground floor (actually they created kitchen and rooms with heavy investment) and now trying to occupy 2^nd floor as well. Now it is clear that they want to occupy whole building.

I have described scenario above. Now below is my question:

· Is this agreement valid in court as it does not have my father’s signature?

· How can we stop new construction doing by them?

· Does my father have rights to file a property dispute case in the court?

· Is it possible to get equal share from ground floor only?

I don’t have any knowledge in law so I put my basic questions. If you see any other challenges in this case, please write those as well in your reply. I appreciate your help, it is much needed.

Plz...z….z.. respond as soon as possible I don’t have much time to act as their construction is in full swing.

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2 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant) 25 May 2014

The said agreement is not a valid one as it do not have the consent of all the surviving legal heirs.

Now you can move for the partition case in the civil court of your jurisdiction along with an application under Odr XXXIX Rule 1 to get an injunction order against the persons who are in possession of your share in the property, plus an Order for not making any permanent structure , Plus Not to create any third party interest by selling, mortgaging, impounding and hypothecating the subject property.

You are advised to engage a good experienced Advocate for this as it is a property matter.

You can see my credentials on this site.

T. Kalaiselvan, Advocate (Advocate) 26 May 2014

As advised by learned Mr. Bali, even you have a right in the ancestral property for a legitimate share in it, hence you all can combine and file a partition suit along with an application to stay all the construction works and alienation/encumbrance, if any by other share holders until the main suit is disposed, which will certainly raise the eye brows of the people who are trying to encroach the property in its entirety illegally and will come to the negotiable platform, consult a local lawyer and proceed accordingly.