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PROPERTY PARTITION SUIT
7 months ago
Posted 2 days ago
Sir I have bought a land with other 10persons. Verbally we made partition and all other co owner have already bulit house without vacant space i.e. all the co owner's house wall touches others. Now when I start construction in my portion the neighbour (who is also a co owner and have already built his house without having any space vacant) raise objection that I have to left 3ft land vacant(but he does not left any space vacant) and filled a partition suit to stop my construction. Sir please advise me on how to deal with this issue?
A.Dear Client,
At the time of purchase of the land, you need to satisfy yourself as regards the status of the property, especially in the case of undivided property. A seller can not even sell his share in the undivided property without a deed of partition executed following the order passed in a partition suit. A verbal arrangement for the partition of land is not enforceable under the relevant law in the absence of a decree or order of partition passed by a competent court of law. Now when a partition suit is filed by a co-owner of the said undivided land, all the co-owners of the said land including the petitioner of the partition suit have to face the legal consequences that may adversely affect both constructed and under-construction buildings erected in the said land. Reach out to an Advocate for suitable guidance and steps.
At the time of purchase of the land, you need to satisfy yourself as regards the status of the property, especially in the case of undivided property. A seller can not even sell his share in the undivided property without a deed of partition executed following the order passed in a partition suit. A verbal arrangement for the partition of land is not enforceable under the relevant law in the absence of a decree or order of partition passed by a competent court of law. Now when a partition suit is filed by a co-owner of the said undivided land, all the co-owners of the said land including the petitioner of the partition suit have to face the legal consequences that may adversely affect both constructed and under-construction buildings erected in the said land. Reach out to an Advocate for suitable guidance and steps.
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