Vivek (Engineer) 21 December 2010

How to get my Property?

Dear Sir,

I have a House in varanasi area of size 2712 Sq.ft. We are two brothers. I am younger one.In 1997 we both perform house partition.My elder brother make partition of house in equally like 1356 sq.fit in my side and 1356 sq.fit their side.I was also paying my house tax for that space for last 13 years.I have not measured my space at that time when partition performed. But last week when i measured(with the help of engineer) of my side space it was only 900 sq.ft.

When i asked my elder brother about this,He confressed their fault but he is not agree to give my remaining land.

So i want to know from your side that what should i do? And How i can get my remaining land(456 sq. ft.) from him? Can I file a complaint in court after 13 year about their mischieves and illegal land grab?

Please advice the procedure and possible judicial suggessions....

Waiting for fevorable response..........

Thanks in advance...

Vivek

Varanasi

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3 Replies

Darshan Panchal (Advocate) 21 December 2010

I understand that the partition was oral in 1997. U'' hv to file a suit for partition in the civil court. court commissioner will have it measured and report will be given ti the court. Document if any evidencing partition earlier be produced before the court. Pls consult a good civil lawyer.

adv. rajeev ( rajoo ) (practicing advocate) 21 December 2010

By your question it can be presumed that there was a partition and it was acted upon. Now you have to file partition by metes and bounds taking a contention that the earlier oral partition was not correct and you have not got equal share.

Vivek (Engineer) 21 December 2010

Thanks Sir for your favorable response.

Sir Please suggest me also that how much time it takes for whole judicial procedure. And What are the necessary documents required for that because i have only one partition document which is created on 1997.

On that document it is mention that my space is 1356 sq. ft. which is actually not in reality.

Please suggest....

Thanks

Vivek