• Refusing to provide access to ancestral property

My father is the youngest of the 4 sons to my grandparents. My grandfather built a 3-floor house. He passed away in 1990. 11 years ago even my grandmother passed away. The house was built 40+ years ago. Since then all 3 brothers are in the possession of the house. My father moved out of the house in 1986 since he got a job outside the city. But he was integral part of the family since he was the most well educated among his siblings and was very much in love with the family as he was away for most part of his life(since high school). Soon he got married. Though he was married, he didn't stop caring about his family. He took care of the medical expenses of my grandfather whose kidney had failed and had to go through dialysis regularly. None of his brothers paid a penny. Since he was working in a central government company he was offered loan to purchase a property. He took the offer and took loan for almost entire amount of the property. Some help was offered by his brother-in-law. In few years my grandmother fell ill to a nerve disorder and was bedridden for 4 long years before she passed away. During the same time my father had troubles in his life. The company he was working for incurred losses and stopped production. My dad took risk of voluntary retirement and spent almost half of what he got on clearing loan. To sustain family he tried his hand in businesses which ended up as losses. Now all that we are left with is the house. He took up jobs that were below his grade and paycheck as much as 20% of what he should be getting paid just to provide food for me and my mother. All this while he never went to his brothers and asked for a penny. Then  came the disaster. The disease that my grandmother died of was a hereditary disorder. It cripples the person and makes him weak. The victim totally loses control over his body. And my father was diagnosed with this disorder at a very early age, and I was 17 years then. His eldest brother was also suffering from the same. But was wrongly diagnosed as parkinson's, even my grandmother. There is no cure, but the patient needs regular doctor attention and good care. 

The sons of my granddad are Ravi, Prabha, Vijay and Amar in the order of their age. Ravi is in possession of the ground floor, Prabha was in 2nd floor till 2011 and Vijay has the top floor even now. Ravi was government employee. He took voluntary retirement by the end of his service. He has a history of alcohol abuse, and bad habits. He passed away a month ago. His family still resides in the ground floor.

Prabha stayed in the middle floor (where my grandparents also stayed). He is a clean man. But he loves money more than his brothers. Since the passing away of my grandfather he took responsibility of the household matters. He owns a 2-floor property in a posh location and gets good pension. Also he has several plots in his daughter's name. 

The 3rd brother worked in a govt. press. Now he too is retired. He suffered paralysis stroke many years back and walks slower. But he has a history of gambling, alcohol abuse etc. 

And the last one is my dad. And you already know the story till now. 
After he was diagnosed with Huntington’s Corea, my father approached Prabha and sought help. The first time he’s asking one of his brothers for help. He asked his politely to move out of the house so that he could get treatment regularly. I had also got a under graduation seat in Bangalore. As we thought at least something was going in our way Prabha had a wicked idea. He demanded to give his share of property value from my father who was going to be crippled in few years. During this time my college had already begun and I was left at the house thinking that Prabha would not drag kids into the elders fight. But he was a cruel, greedy person. At the time when he and his wife went to meet their daughter who is married off and lives elsewhere, he locked all the rooms except mine. I didn’t even had the access to bathroom and kitchen and had to use them on top floor or the below one. He did that on several occasions. This was the first instance my father hated his family for being cruel to him. He demanded his brother to vacate the property soon. He warned him that he would not sign the PARTITION DEED and put Prabha’s every property under risk of being shared among all brothers. Due to the fear of losing the larger pie, he took off his sights from my father’s self acquired property. Finally he had agreed to vacate the property and hand over the keys by March 23rd 2011. He gave it in writing and witnesses were Vijay and Ravi. Even they agreed to us coming there. 
Prabha was supposed to give key after the deed was signed by all the brothers. By this time it was already difficult for my father to walk, and I had moved back with my parents. I had to take up loan to continue my education and I had to pay very expensive fees as I had joined a year after the course had started. When everything was coming together Vijay refused to sign the deed. He wanted his own terms to be included in the deed to which Prabha didn’t agree.  Slowly he occupied the 2nd floor. He’s done some alterations to the house according to his liking. And wants us to cover the costs, for him to sign the deed.  He’s ready to give my father the top floor, but his son is not ready to vacate the room. So they want 3 of us to live in a room if we ever go there. 
Their acts has made me feel disgusting towards them. I don’t want to live with them anymore. Now that I’m graduated I can take care of the basic expenses of my family. My parents are ready to sell our house to clear out loans that we have taken for my education and some when my father unfortunately lost in business.  
My sole purpose of this very long story is to get my father justice and what he deserves. Can a criminal case be lodged against Prabha and Vijay for breaking the agreement? I want to fight for every penny my that belongs to my father.  Can the property be locked if the case is registered in court? I want to know all the possibilities. I want to know what are the things that are on my side, and also those against me.
Asked 3 years ago in Property Law from Bangalore, Karnataka
on your grand parents death all 4 sons have 1/4th share in the house . your father can file suit for partition for his share .contact a local lawyer . issue legal notice for partition . if no reply received file suit for 1/4th share in property . in said suit you can obtain an injunction restraining your uncles from cretaing any third party rights in said property .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Legal position is as above.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
All the four sons (including your father) of your grand father have an equal share in this property in view of the fact that no will was left by your grand father during his life time. None of the children of your grand father can claim to be the owner of the entire property. If the brothers of your father have refused to recognise his right in the house then your father can move to the court and file a case for property division. Before filing the case your father may serve a lawyer's notice to his brothers through his lawyer. If no desired reply comes then he may immediately take recourse to court. He can also seek a stay on the sale of the property by his brothers.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
They can be punished if a criminal prosecution ensues on any evidence of cruelty. You will not be able to make them liable for any losses. So filing a case for compensation will not be advisable as it will be a wastage of time and money. Your father or you should file the case in order to cull out your share in the property.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
well if your grand mother died intestate your father had right for 1/4th share of gold . however your father did not take any action when your grand mother locker opened and shared by other 3 brothers . if your mother is threatened you can record the threats . lodge police complaint on the threats . your father  can always claim share on gold belonging to his mother
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
If the agreement was in writing and he did not honour it then he can certainly be prosecuted under the criminal law. A police complaint should be lodged for the threats held out by him. The evidence can be gathered by recoding the telephonic conversations. Without evidence your case will fall like a pack of cards in the court. Your father has an indefeasible right to the gold of his mother, which he can cull out through the process of court.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
it is necessary to go through the agreement  to advise .it is your own case that prabha only signed agreement but vijay did not sign as he wanted certain clauses to be incorporated which prabha  did not agree . partition deed has to be signed by all parties .   you need to contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
better contact a local lawyer . file partition suit .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
If they are not giving your father his share in the property then the only way in which your father can cull out his share is by filing a case for partition in the court. Act swiftly before the property is sold. For this you will need the legal services of a local lawyer.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Instead of thinking about compensation for the cruelty mated to you and your family, first file Partition suit and get stay order from the court so that your uncle wont be able to sell the property of create third party interest. Once the property is partitioned and your (dad's) share is given to you, take possession of the property (your share) and then you think about fighting again against the cruelty.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
partition suit will take years to be disposed of depending upon pendency of cases in local court . forget about filing of criminal case . you will only be spending more time and money on legal fees . anyhow go by your local lawyer advise
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Litigation will be a long drawn and expensive battle. Do what your local lawyer has suggested you to do.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Before advising on filing of criminal cases, we have to review the signed documents you are having in your procession.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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