• Vandalism and violence

My cousin brother, son of my father's elder brother and my uncle, my father's younger brother are stooping to force and violence when my mother is trying to sell her share in my deceased father's family property. What should be done??
Asked 7 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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13 Answers

your mother should file police complaint of criminal intimidation under section 506 of IPC

2) she can also file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

under section 44 of transfer of property act co owner can sell his share without consent of other co owners

2) she can offer your uncle / cousin brother her undivided share provided they are willing to pay her the market price of property

3) if they refuse she is at liberty to sell her share

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) record the threats received

2) then file police complaint under section 506 of IPC as advised earlier

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

your mother has absolute right to sell her share, you can take an injunction order from the court to prevent them from causing any disturbance/undue interference in the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. If the proeprty is joint and undivided then other co sharer oppose selling the undivided share but that does never amount to unlawful activities.

2. if then do then your mother can lodge complaint with the local police.

3. if there is wilful buyer then ask your mother sell the sahre of your father.

4. If still they oppose then your mother na file suit for partition and injunction.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

File a complaint before concerned police station. If the police hesitate to take proper action then file a petition for protection before high court is the best option.

Your mother can sell her husbands property any time.If the property is in joint possession of family members then file a partition suit and sell the property.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. Your mother is within her right to sell her share of the said property to anyone she wishes to.

2. If the property is part of a dwelling house where all the share holders are residing together, then she shall have to first offer her share to be sold to other share holders of the said property at the same price before offering it to be sold to an third party. It is called preemption.

3. If they create any trouble, lodge a police complaint against them under copy to the local S.P./D.C.

4. If police refuses to take any action, file a Writ Petition before the high court against police praying for a direction upon them to investigate and act based on your mother's complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. She shall have to go to the Registrar's office to register the sale deed for selling the said property.

2. If it does not stand in her name then all the legal heirs of your deceased father shall have to sign the said sale deed.

3. While registering the said sale deed ensure that others do not come to know about it.

4. Once the sale deed of the share of the property is registered, leave the place and lodge a police complaint as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Lodge a police complaint as suggested in my earlier post.

2. File a writ petition against police inaction, if police fails to act, as suggested earlier.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hi

1) Your mother is a co-owner of the property and she has all of the rights to sell her share of your deceased father's property without any troubles

2) Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.

4) SECTION 44 of Transfer of Property Act 1882 ( With reference to Section 4 of the Partition Act, 1893) says as follows: -

Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.

5) However, if your mother is a co-owner of a currently dwelling house, then it mandatory for her to seek consent from other co-owners.

6) If your mother is being subjected to vandalism and violence, then she can file a complaint with the Police under section 503 of Indian Penal code.

7) Your mother can also seek protection either under Protection from Domestic violence act (which specifically includes women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act)

8) If police fail to register the FIR, your mother can approach the Court and file a complaint under Section 156(3) of the Code of Criminal Procedure.

The Magistrate can direct the First Information Report to be registered and also can direct a proper investigate to be made.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

My cousin brother, son of my father's elder brother and my uncle, my father's younger brother are stooping to force and violence when my mother is trying to sell her share in my deceased father's family property. What should be done??

For any violent act against her, she may take the help of police by lodging a criminal complaint agaisnt them for their acts of criminal intimidation, harassment, nuisance, outraging the modesty of women, insults, abuses etc.

She can also file a suit for mandatory injunction agaisnt them for restraining them fro m interfering with her peaceful possession and enjoyment of the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

How to ensure that my mother is able to sell her share of my deceased father's property without any troubles?

She should file a mandatory injunction suit against them seeking injunction restraining them from interfering with her possession and enjoyment of the property also to not to create hurdle or interfere with her proposal to sell the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Give a complaint with the local police, if the local police are not effective then she may escalate the mater to the district superintendent of police with a similar complaint seeking its intervention and direction to the local police to give her protection agaisnt such vandalism and protecting her from such violent activities agaisnt her.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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