Saurabh Gupta (service) 18 May 2008

Regrding property distribution

Hi all

My father and his brother are to have a partition of property due to recent death of my grandfather. The problem is that my father' s brother is not ready for partition in an mutually amicable way as he does not understand law...so we plan to file the suit.

We have two ancestral lands .Both are in 2 different districts. My father has the documents of one of the lands and my uncle has that of the others. But we can not construct on the land ,of which we have papers since the state law requires to take the permission for starting the construction.

The other land (of which the papers are with the my uncle) has a well constructed house on it and he is living there since long.

My first question is that since the 2 lands are at different places (Jaipur and Bandikui(dist. dausa)) , where can we file the partition suit. We want to file it in jaipur as we are the living there.can we do that??

My second question is that if we file the suit will the court give an stay order for my uncle to vacate the house? Then probably he will have to sort it in an amicable way.

Thanks and regards
Saurabh Gupta

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5 Replies

Prakash Yedhula (Lawyer) 18 May 2008

1) You can choose either of the courts within whose jurisdiction the subject lands sitaute. Hence aper your information, if one of teh lands are within Jaipur, the suit can be very well filed at Jaipur. 2) The court would not order to vacate your uncle pending the suit. However you can seek for mense profit from your uncle.

Ajay kumar singh (Advocate) 18 May 2008

You can certainly file the suit for partition at Jaipur involving lands of both the places.Your father and the uncle have equal shares in both the landr,hence the court will not order ur uncle to vacate the house rather ur father too will get half share in that house and ur uncle will get half share in the vacant land of Jaipur.It would be better for u to male any construction after partition.

Balakrishnan (advocate) 24 May 2008

Sec 16 of CPC prescribes that suit to be instituted where subject matter situates. The well recognised principle is that in a suit instituted for partition all the joint properties belonging to parties must be brought in hotchpot for partition. One single suit will be maintainable for partition which could be filed before either of the court of competent jurisdiction.2)Being a co-owner your uncle has equal right as your father has. So his enjoyment cannot be prevented. Until the shares are separated as per a final decree your uncle could remain in the house.

Saurabh Gupta (service) 31 May 2008

Thanks you all. But I have a few more questions. What is this mense profit and how can we get it from my uncle.Secondly my grandfather also may have some fixed deposits,gold etc but we do not have any account of it as in the last stages my grand father was living with my uncle.How can we find it out? Is there any way like right to information etc??