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(Guest)

Is a civil suit requried-bhopal

hello,

my father passed away in 1988 and mother n 2013 and  we are 2 sons. we brothers are not in touch for the last 10 yr due to a family misunderstanding and i am still residing in my father  home(also ancestral - father acquired from his parents)with my family. we are hindus .the other brother is setttled abroad.  i am unable to contact my brother  for any amicable parittion or initiate discussion .in such case, since there is no response, can i go ahead and get the record mutated on my name sayng others have all moved out and not in possesion anymore.there is no will /settlement deed issued by my parents.

property is in suburbs of bhopal and the local panchayat seems to be ok with the transfer based on my contacts there..all they care about is getting property tax for the town..but will it invite any litigation n the future. if not,what is the procedure to do get ths done,without my brother's cooperation, if i dont have to face any litigation in future. does my continued stay and possession here give me full rights to get this mutated and power to take over.

 



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 1 Replies

Vijay Raj Mahajan (Advocate)     29 December 2017

Mutation of name in the muncipal/panchayat records will not make you sole owner of the property as your brother can always seek his share in the property by filling partition suit in the civil court.

As such for timebeing you can continue stay in the property but you have to keep in mind that your brother has not reliquished his share in the property in your favour till date and his right to claim it remains open.

The  ownership of the property by adverse possession for period of 12 years or more can be for filling suit for claiming possession in the civil suit, but as this matter of share in the ancestral property the share in the property of your brother is by birth in the Hindu family and so is for his children and grandchildren as is for you and your children and grandchildren.

You can compromise the issue of partition amicably to avoid litigation, with your brother when he seeks his share in the property.


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