1) file suit for partition for division of land by metes and bounds
2) als seek an injunction restraining uncle from creating theirs party rights on the house
3) also seek orders to deposit rent from the property in court
Half of house is under my father name but uncle not vacating
My grandfather has taken a plot in 1990 and constructed a house on it, half of the plot is in my name of grandfather who is now no more and half of the plot size is in name of both my father and uncle, in that also portion of house is there on which tenants lives but my uncle only takes the rent. As my father was in government job we never lived in that house except summer vacations. Now after the death of grandfather when my father asked my uncle to divide the house he is denying to do that and is threatning us. He is also possessing all the property related documents. Kindly guide what legal action we can take to get back our property and from where we can get out documents as he is not going to give it to us. Ankit Singh
Asked 8 years ago in Property Law
Religion: Hindu
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3 Answers
1. you should file a civil suit for possession over the property. don't worry that he has property document because court has power to call all the documents which are in custody of your uncle. he is bound to produce those documents before the court.
2. you can take duplicate copy from registry department. your father has share in the property so it shall be given in his possession.
Your father has to file a partition suit seeking partition and separate possession of his share in his father's property.
First let him send a a legal notice seeking the releif.
If your uncle is denying or not responding then your father may approach court with a partition suit.
