CHANDRASEKARAN S (deputy manager) 13 March 2013

Share of a coowner in 2 dwelling owned by six persons

Dear Sir,

Myself with family and my brother(unmarried) is presently occupying the ground floor and the first floor of the property, for which one of my sisters filed a suit for partition in the District Court. I have one younger brother and four sisters all are elder to my brother and younger to me. The other sister forcibly enters my brothers'first floor, where he is staying alone after the demise of my father. We have refused to allow her to occupy. As a joint property owner,the other sister is claimimg that she is eligilbe to stay in the first floor. Is it legally correct to refuse occupation to the other sister. Please let me knoe

S Chandrasekaran.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 March 2013

A party seeking a partition must file a partition lawsuit. If the property cannot be split apart and allocated to give each tenant a portion without spoiling the whole, the court will proceed with state law in arranging a sale of the property. A court master commonly is assigned to carry forward the partition action.

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CHANDRASEKARAN S (deputy manager) 13 March 2013

Dear Sir,

I wish to know whether i am right in refusing her to occupy the first floor legally. Please let me know.

CHANDRASEKARAN S (deputy manager) 15 March 2013

Dear Sir, I have not received the reply from you.

surjit singh (Assistant) 16 March 2013

Plainly speaking you do not have a right to restrain her, but you can approach the court for a temmorary injunction for restraining her to dispossess you from the portion you are presently in occupation and in the meantime you can ask for a partition of the property.