Guruprasad (Lead) 28 March 2022

occupy without partition

As stated in my previous query, my mother in-law passed away without making will or anything on one site. Now from past one year we have been asking my brother in-law to come and do partition deed but he is not coming forward. We are in need of our share urgently so shall we start construct in our share of property without partition, what will happen if we construct without partition.

Kindly provide any short way of solutions to resolve this issue.

Reply Follow

6 Replies

Santhosh Krishna 28 March 2022

Partition deed is that legal document which established that a joint property has now been divided among the joint owners and each of them have absolute claim on a certain share of the said property. Basically, in case of properties that are jointly owned by several members of a family, the division of the said property could be done by way of executing a partition deed. In this article, we are going to talk at length about partition deed.

Dr J C Vashista (Advocate) 28 March 2022

File a suit for partition, possession and mesne profits in competnent civil court through a local prudent lawyer

Kishor Mehta (CEO) 28 March 2022

You should not start construction till a specific portion of plot is allotted to your share from the joint property. You should opt for legal partition.

Advocate Bhartesh goyal (advocate) 28 March 2022

Yes, Yoy can not raise construction on any portion of plot until legally partition took place between lrs of deceased property owner .You may file suit for partition ,injunction and means profits as suggested by expert Dr.J.C.Vashista.

G.L.N. Prasad (Retired employee.) 28 March 2022

You can not get shortcuts, or those not abiding legally as guidance from this forum. Unless the property is divided into metes and bounds showing specific boundaries that was secured by each co-sharer, any such construction is illegal in many ways. Unless you have a title deed you can never get permission for construction, power, and water connection.