Joint Property partition

5 years ago

V four brother living in a joint house named on my deceased mother. The property is undivided. The 4th brother family is living on ground floor. The 3rd brother family and my family is living on first floor, sharing toilets and one room i hv, while 2 rooms r with 3rd family. The 30 gaj is free area with jaal on first floor under control of 3rd family. The 1st brother family is living on top floor with attached bathroom n one room n kitchen.30 gaj area is free on top. 30 gaj area is open n free , not built above the jaal. As i hv smallest area, can i go for partition suit? How court will divide area for me? Will court give me one third area or one fourth area on each floor.plz guide...

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You can go for partition and Court will decide the matter on merits taking into consideration all the relevant facts.

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Shreyash Mohta

Responded 5 years ago

A.Sir you can definitely file a partition suit to get your rights.
As you said that you are 4 brothers, and this property of yours is a joint family property. If the property gets divided then it shall be divided equally.
If in case you are given your share in the property then it shall be 1/4th which is 25% of the total property.
Thanks
Shreyash Mohta

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Anonymous

Replied 5 years ago

What is the expense of court case and lawyer fees. The house costs one crore in delhi. Does filing a injunction suit can help me, how much money it requires.

Shreyash Mohta

Replied 5 years ago

please consult me through Vidhikarya for further queries.
Thanks.

BIR ABHIMANYU KUMAR

Responded 5 years ago

A.First of all tell me your house is registered land or unregistered land you can show me your mother's house paper or describe me your mother's house paper, if your mother's house paper is registered land then you can get file petition of partition and get equivalent proportionate and kindly tell me that is your mother declare any will before deceased you can contact me

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Rameshwar Dadhe

Responded 5 years ago

A.U will need to file partition suit for equal property rights

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Himanshu Mahajan

Responded 5 years ago

A.Just file a suit for partition of the property.

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