Property Partition issue
2 years ago
My husband has a house in Village (Bihar). The house along with property is in my mother in laws name (self acquired by my mother in law). Recently the partition of the property has been done in between my husband and his brother, though the partition has not been legalized yet, but both have signed a draft copy. As in villages, usually, they do partition in the presence of Sarpanch. However they are yet to make final copy on stamp paper. My husband got the front part of the house (& property) and his brother got the back part of the house (& property). As orally agreed his brother needs to construct an entrance on the back side of the property. My husband wants to have a partition wall in between the house and the land to restrict the access by both the parties to either sides. But his brother is not allowing to construct the wall. I have few questions: Can my husband's brother stop us from constructing the wall in the house and land? My husband is planning to legally transfer the rights of the property which he got through partition from his mother to his name. Will there be any legal issues in transferring the rights? Also, the original documents of the land is still with his brother, which he is not ready to hand over to us.
Your Husband can file a partition suit under Hindu Succession Act in a civil court in order to claim his part of share in the property. As of now your partition done by Sarpanch is not valid you'll have to get the partition done by the court in order to have complete right over the property.
Once that's done you can construct the wall easily without any interference from your husband's brother.
Thanks
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You could file a civil suit for partition in the court and get the property divided among your husband and his brother. After that register that partition, then you'll be having complete rights over the land divided. Then you could construct your wall without any problem.
Thanks
No, there are no issues and its perfectly fine to get the rights transferred and registered in the name of transferee.