My father and my uncle has a property of 175 sq. yards which is equally shared 87.5 sq yards both. But my uncle is saying now this is whole my property i will not make partition in it. The whole property is possebed by him that is my uncle. Police is not helping us they are who so ever is posessing the property is the owner of the property paper is nothing. We have power of attorny for 87.5 sq yards what to do? What will court do? How to seal whole property that is they cannot use it and we also cant use. How to apply for goverment property seal till further decision?
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If your father has regd power of attorney of 87.5 square yards he can sell or gift the said land without consent of your uncle
2) under section 44 of transfer of property act co owner can sell his share without consent of other co owner
3) purchaser can file suit for partition fir division of land by metes and bounds
1.Lodge a police complaint alleging that your Uncle has trespassed in to your area without your consent.
2. File an application u/s156(3) before the Court praying for a direction upon the local police to investigate in to the matter based on your complaint duly registering a FIR.
3. Also file a petition under Order 39 Rule 1 & 2 praying for an order restraining your uncle to enter in to your father's land till the disposal of the case.
4. If police fails or refuses to act, file a writ Petition before the high court against police inaction seeking justice.
1. This is a civil dispute and the police has nothing to so in this.
2.It is not clear how you father does have 1/2 share in the proeprty.
3. ANyway if indeed he has half share and he is not gering his dahre then he can file a suit for partition to claim his half sahre.
4. In the said suit seek injunction as well so he may not sell the whole land.
Dear Concerned,
If this power of attorney is registered - and even if not registered then too you can file a case for partition and possession in the concerned, civil court. You should file a case and also take a stay so that your uncle do not sell any part of this property.
Best of Luck
How did your father and his brother buy this property or own this property.
Do they have any registered sale deed on their name, if so whether it is a joint sale deed or how?
The police is not the right authority who can solve the property dispute.
You have to approach the court of law either for partition or for declaration of title.
In the suit itself your father can file another application seeking permanent injunction restraining the defendants to not to alienate the suit property till disposal of the main suit.
Is there any way to seal property till the court announced or decide remedy or solution for this case? We have power of attorny of 87.5 sq yard of 175 sq yards and indeminity bond,special power of attorny,agreement to sell and purchase,will ,receipt. Posession letter, all these paper i am having in name of my father.
You can seek appointment of court receiver till court delivers its verdict
1. In whose name the property or your father's share of the property stands?
2. If the title deed of the said property stands jointly in the name of your father and uncle, then your father can sell his undivided and undemarcated share of the said property to a third party.
3. it is not a correct that who soever is in possession of a property is the owner of the said property.
4. The property is owned by the person in whose name its title deed stands.
You have to file a petition seeking permanent injunction to restrain the opposite party from alienating the property or trying to create any encumbrance over the property till the disposal of suit.