Legally Yours: By Retd Justice Chandru

In a partition suit, court has to pass final decree after preliminary decree is passed

My mother is the youngest of eight siblings – five brothers and three sisters. Many years ago, the brothers acquired a settlement deed from the three sisters for a small consideration, wherein the sisters relinquished their claim over the ancestral property. After 20 years, we discovered that this deed was never registered, and the brothers have been selling portions of the ancestral property without the consent of the sisters and a legal heir certificate. Some of the sale documents revealed that the brothers have claimed that our grandfather had only five sons, entirely negating the existence of the sisters. When confronted, the brothers referred to the unregistered deed and suggested we take the matter to court.

Subsequently, we filed a civil suit seeking equal rights and partition of the unsold ancestral property, as well as initiating legal action against the buyers who purchased the property from the brothers. After a prolonged legal struggle, the sisters settled the matter with the parties involved, except for the unsold portions of the property.

The trial court had directed the High Court to close the partition suit within a year. It has been two years and the case remains unresolved.

Is there a legal recourse through which we may request the court to divide the remaining undivided ancestral property equally among the sisters and issue individual pattas to them, considering they have submitted all required legal documents?

-- Swaminathan

It is not clear whether the pending suit is a partition suit or not. If yes, then the court will have to pass a preliminary decree and then a final decree. You can request for expedition of the suit, and if that fails, you can move the High Court for direction.

Making structural changes to a flat sans approval can result in one's prosecution

I'm a 50-year-old man living in an apartment complex. My brother lives in an adjoining flat that shares a wall with mine. We are on the second floor of the four-storey building. Can we build a doorway in this building that is over 10 years old, with a contractor's approval of building safety? Will this have any legal implications? The housing association is strict about allowing such works as it feels it may weaken the structure. Can the housing society have the work stopped legally? Is this a fair ask, given this does not weaken any load-bearing walls? How do I deal with this by avoiding legal stalemate?

-- Shan, Chennai

Putting a door in a wall dividing the two flats is a structural change. You need appropriate approval from planning authorities. The Resident Welfare Association (RWA) can stop the work or complain to authorities, and they may prosecute you. So go by the law.