during partition case can we bulid house
07-Feb-2025 (In Property Law)
the lands are inheritance, my grandfather have two wifes, 1st wife have 1 son and 1 daughter and 2nd wife 3 sons and2 daughters. vaayivali partition done approximates befoe 30 years like 3 parts. one part is 1st wife son and another 2 parts divide by 2nd wife sons, all the three members have house in inheritance land, one member that's my dady death 18 years before no house, now some problems going like 1st wife son asking partition as two parts in 7 years. now we want house so what we do?
Since the vaayivali partition was done 30 years ago, the first wife's son's claim for a fresh partition after 7 years may not be valid if the division was properly documented. As your father had a rightful share, you, as his legal heirs, can construct a house on his portion. If there is interference, you may seek a declaration suit to confirm your share and an injunction to prevent obstruction. If possible, try for an amicable settlement; otherwise, legal action may be required.
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