Property - plot which has two separate deed
11 months ago
I live on the plot which has two separate deed one of my father and another one of my uncle. In the front portion of the land a story building but my uncle sold his half part to the third party and give him the possession in the ground floor but still i am residing the first floor with my family. My uncle registered his part on december. What should I do to get back the land
A.Dear Sir,
Right To Joint Possession And Right of Pre-emption
The right of 'pre-emption' is given to the owner of immovable property to acquire another immovable property that has been sold to some other person. It is the purchase by one person before all others. ... The objective behind this right is to maintain privacy and prevent strangers to come in neighbour or in a family.
There are two views in this matter. The purchaser has no right to joint possession of the property compelling partition. He can sue all other coparceners for that purpose. [32]
If the vendee has obtained possession, the other coparceners can get him ejected by a suit. All that the purchaser is entitled to in such a suit is a declaration that he is entitled to the share of the coparcener against whom the decree has been passed.
The Bombay High Court has a different approach. It gives some discretion to the court in the matter of ejectment of a stranger purchaser. In BhauLaxman v. BudhaManku [33] the court laid down three rules:
First, if a purchaser stranger of the undivided interest of a coparcener in a joint family property is out of possession, he should not be given joint possession with the other coparceners but should be left to his remedy of a suit for partition.
Secondly, on the other hand if the purchaser has obtained possession of the property, a coparcener who has been excluded may obtain joint possession with the purchaser.
Thirdly, the purchaser in possession need not be ejected in a suit for recovery of possession brought by an excluded coparcener. The matter should be decided on merits because he is not a trespasser. In a suitable case he may be declared to be entitled to hold (pending partition) as a tenant-in-common with other coparceners.
The issue came to be discussed by Supreme Court in M.V.S. Manikayala Rao v. M. Narasimhaswami [34] . The court held that it is well settled that a purchaser in such a case cannot claim to be put in joint possession with the other coparceners. He has only the right to ask for general partition of the joint property.
Right To Joint Possession And Right of Pre-emption
The right of 'pre-emption' is given to the owner of immovable property to acquire another immovable property that has been sold to some other person. It is the purchase by one person before all others. ... The objective behind this right is to maintain privacy and prevent strangers to come in neighbour or in a family.
There are two views in this matter. The purchaser has no right to joint possession of the property compelling partition. He can sue all other coparceners for that purpose. [32]
If the vendee has obtained possession, the other coparceners can get him ejected by a suit. All that the purchaser is entitled to in such a suit is a declaration that he is entitled to the share of the coparcener against whom the decree has been passed.
The Bombay High Court has a different approach. It gives some discretion to the court in the matter of ejectment of a stranger purchaser. In BhauLaxman v. BudhaManku [33] the court laid down three rules:
First, if a purchaser stranger of the undivided interest of a coparcener in a joint family property is out of possession, he should not be given joint possession with the other coparceners but should be left to his remedy of a suit for partition.
Secondly, on the other hand if the purchaser has obtained possession of the property, a coparcener who has been excluded may obtain joint possession with the purchaser.
Thirdly, the purchaser in possession need not be ejected in a suit for recovery of possession brought by an excluded coparcener. The matter should be decided on merits because he is not a trespasser. In a suitable case he may be declared to be entitled to hold (pending partition) as a tenant-in-common with other coparceners.
The issue came to be discussed by Supreme Court in M.V.S. Manikayala Rao v. M. Narasimhaswami [34] . The court held that it is well settled that a purchaser in such a case cannot claim to be put in joint possession with the other coparceners. He has only the right to ask for general partition of the joint property.
Helpful
Helpful
Share
Read Related Answers
Disciplinary process
Dear Client,
An Enquiry Officer(EO) can seek clarification of any law point from the legal cell of the company or the panel lawyers of the company if it is required to respond to a query of a charge-s...
Cheating case
Dear Client,
In the absence of any documentary evidence, neither can you lodge a complaint against your mother's friend with the Police, nor can you file a criminal suit for cheating on jewelry in Cou...
Disciplinary process
Dear Sir,
Only after conclusion of entire domestic enquiry you can approach the Appellate Authority and if such appeal is against you then you have to go to High Court for appropriate orders.
Query during the disciplinary process
Dear Sir,
Only after conclusion of entire domestic enquiry you can approach the Appellate Authority and if such appeal is against you then you have to go to High Court for appropriate orders.
Regarding tenant not eviction and not abiding Rent Conto Order
Dear Sir,
You may go for execution of such order passed by rent control tribunal thus you may forcibly get the keys with the help of Police or break open the lock and enter into the house.
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
