Real Estate and Law : Joint Purchase of Property and Legal Issues
The decision of Kulwant Singh v. Gurdeep Singh [2018] GCtR 6661 (Delhi) has explained legal issues on property disputes.
The case was about Two plots. There was joint purchase by 2 brothers B1 SS and B2 MS. MS is father of P. SS is father of D.
Civil Suit was filed by son of MS for partition which was filed by P.
D argued on oral partition. D also argued on Adverse possession.
It was held that there is no proof that B1 constructed property on share of B1. Best proof of partition is parties acting on partition and mutation in their names.
D said that they are in possession of their share ; D said no rent was received by MS. However, P was entitled to relief of partition. In this case, P succeeded in partition and D's claim of oral partition and of larger share was rejected.
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