Ancestral Property Partition Case
2 years ago
Dear sir/madam, I am ankur, having my ancestral house in a village near Lalitpur(UP) My fathers and uncle were 4 brothers & they are no more now. I stay out of state for my job and keep on visiting my village once or twice a year. During the last lockdown, I reconstructed my old house by putting lakhs of rupees into it & got it repaired. Our ancestral property is divided between me & my cousins on a verbal dialogue which is a result of my father & my uncles verbal partition(mutual consent) before their death. Since I visit my native rarely so my cousins have encroached on my area and did some illegal construction, in the area that belongs to me,As it's a property located in the village I do not have any mutation paper or any other document related to it besides my agriculture land papers & related identity. I want to file a legal case against this(property partition ).Please guide, Howa do I go about it? Any legal lead who can help me in this.
First get all documents on your name and then take a decision.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Oral evidence of partition, you will need to produce additional documents in order to support your claim. You can file a partition suit to get the property duly partitioned, and get it mutated in your name to avoid future conflicts.
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You can file a suit for partition in the civil court. But the verbal partition agreement is not valid. You will have to produce some documents in your support. Othwerwise, the court will proceed to divide the property as it deems proper. It can so happen that the portion you constructed can also be divided. You can also file suit for evicting the cousins from the property which they have encroached.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Adhikatar village me property ka koi documents nhi hota hh.Aap paitrik property kahakar aae.
You can read more about how to file a partition suit here https://www.vidhikarya.com/legal-blog/how-to-file-a-partition-suit-in-india-a-step-by-step-guide
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