• Dispute between brother property partition

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?
Asked 7 years ago in Property Law
Religion: Muslim

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8 Answers

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

You can seek appointment of court receiver till court delivers its verdict

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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