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How to partition property when christian?
18-Sep-2023 (In Property Law)
Our family consists of 2 brothers, 2 sisters and mother. I am the elder son and working in UAE. Sisters are married and well-settled. Father expired without making a will for the properties. I constructed a new house in the family property with my mother's insistence when our old house was not suitable to stay and one part collapsed. My mother stays in the new house. However, my brother now refuses to vacate my house saying he also has right to the house since the property is not partitioned. We have separate lands suitable to construct house for him, but he is refusing and threatening to damage the house. He has a home in a different city and stays with his wife and children, but uses my house whenever come for vacation and not cooperating with partition. I spent my hard earned money for the house and unable to leave it to him. How can I solve this issue? Is it possible to get an injunction from Court to stop him from staying in my house and do a partition? Please advise.
Apparently, the property has not been partitioned. Try to workout an amicable settlement; if impossible file a suit for partition. Your mother's testimony could be important. Hence it is in your interest that the suit is filed and and the trail takes place during her lifetime.
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Adv. P Venu
Vaikom | 500+ Answers
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Hi,
In this case, it is understood that you built a house in the property of your father before partition. In the said issue, your remedy is to file a partition suit before the civil court and to claim the portion of the land where you constructed the home and to allot the other land portion to the other legal hairs of your father in accordance with the property proportion. If the other witnesses support your case in the court, you can win the case. Need to discuss in detail to know the detailed facts and scope of your case.
Regards,
PT Sheejish
Advocate,
Ernakulam
In this case, it is understood that you built a house in the property of your father before partition. In the said issue, your remedy is to file a partition suit before the civil court and to claim the portion of the land where you constructed the home and to allot the other land portion to the other legal hairs of your father in accordance with the property proportion. If the other witnesses support your case in the court, you can win the case. Need to discuss in detail to know the detailed facts and scope of your case.
Regards,
PT Sheejish
Advocate,
Ernakulam
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Adv. Sheejish P T
Ernakulam | 100+ Answers
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You may file a case for partition in the concerned civil court. All the children including married sisters and mother are entitled to have a share in the property. Therefore make them all party to the case. The court will determine the shares of each legal heir and pass a preliminary decree and will appoint a commissioner for dividing the property. You can make your better claim for the building based on evidences before the advocate commissioner or before the court when the court passes the final decree based on the commission report by actually allocating areas to each sharers. If your mother and sisters support your claim for the building, probably the court may allocate it for your share.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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After the demise of father all person have equal share in the property. File a partition suit and partition the property on meets and bounds . Also claim the potion of property with building in your share .meet a local lawyer
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Adv. Ajay NS
Ernakulam | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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