Suit for partition - Ancestral Property
1 month ago
Dear sir, I am in possession of portion of area of the suit property which has six co-owners. The partition suit filed by my uncle in the local court who is residing in other city and doesn't have possession in the suit property. The local court gave verdict in my uncle's favour and ordered appointment of commissioner for partition of the suit property. But one of the co-owner who is also in possession of portion of area of the suit property appealed against the local court verdict in the Dist- court and obtained stay order. Now my problem is that the portion of area which is currently in my possession is not safe for dwelling and the very old structure may fall anytime. Can I get permission from court to construct house over the area which is in my possession. I am currently jobless and don't have enough money to fight in the court. I have no other alternative but to construct house and start living there. Please help.
When a suit property is sub-judice(pending) before the District Court challenging the decree of partition suit passed by the trial court, your share in the said property remains unidentified and undemarcated, so based on your possession, your appeal before the Court may not be admitted or allowed by the Dist. Court where the case is now pending for hearing of the appeal. Until and unless you obtain your share in the said property through a partition decree of the Court, you are not considered an owner of the land which is now under your possession.
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