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what is the remedy where a partition suit has been filed by brother


14-Feb-2023 (In Civil Law)
We are two brothers and havs no sisters.we reside at a two storied building, my elder brother in the first floor with his family and myself in the ground floor.after death of my father the property was mutated in the name of my mother and two sons.My mother also died in 2014.since then the property is undevided.there is a small rectangular shape land in front of our house and common main entrance 8-9'ft.wide along it. Our water reservoir,septic tank,staircase is also common. My elder brother used to pressurise me to decide the land for his interest,i.e for plantation, or commercial purpose , i didnot agree for my privacy or inconvenience since I am in the ground floor. I advised him to keep the land mutually common so that both of us can use the space for car parking by making a shed, he did not agree.Recently he filed a partition suit against me. Sir what would be my defence? Is his claim justified, if yes,can I claim for division of roof 50:50 which is also a common area. Pls help
Answers (3)

Answer #1
834 votes
U need to appoint a genuine civil practitioner. Yes u can have 50% of the share of the property. Without going through the plaint of the partition suit the defence cannt be answered. But your claim of 1/2 of the share is justified

Answer #2
638 votes
in a partition suit you may defend your case and get it decided properly. You are also holder of 50 percent undivided shareholder in the property. therefore you may file a written statement in the court and seek proper direction in the matter.
Answer #3
633 votes
Partition can be ask for any undivided property. As you say there is some land which is maintain as commonly. As your brother asked for partition for it. Similarly you have also same right to equally partition of Roof if it be recorded in the paper as Common one.

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