My father passed away recently leaving properties in Mumbai and Kerala. We are four sisters from his second wife. His first wife and sons reside in my father's ancestral house in Kerala. Due to extreme greed, my step brothers do not want to give any share of the property to me or my sisters and have already taken control of my father's properties in Mumbai and have given one of my father's properties to their friend to run a business. In another office, he is selling retail goods. When my sisters went to Kerala to settle the matter, they went to my father's house to live there for the discussion. My step brothers threw away all their baggage and got 5 gundas (possibly distant relatives) who came in a car and threatened my sisters. Because of the local police being involved with the political gundas who my step brothers have a good relation with, the police told my sister that they will file a case of tresspassing if she does not leave the property. My sister did not budge and said it is my father's property and she is not a trespasser. The police has refused to take any complaints. What is the next step to get permission to enter and stay in my father's house. IT is extremely big, my sisters are on the povery line and not have a home of her own. My step brothers are not interested in giving a fair share of the inheritance. How can we get 1. right to enter my father's property and face the pressure of the local genders and police 2. put a stay order on all his properties in mumbai and kerala, so they are not usurped by my step brothers.
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1. The children even if illegitimate do have right of inheritance of their father.
2. So in this case you have legitimate right over the properties left by your father.
3. In that event if you are deprived of your legal rights you can enforce the same by filing a suit for partition and for separate possession.
4. In the same suit you can seek injunction order so your step brothers may not sell the property in the meantime.
Act accordingly.
File suit for partition for division of properties by metes and bounds
2) seek injunction restraining brothers from selling the properties
3) seek appointment of court receiver in respect of the properties
4) as legal heirs they have right to stay in said property
5) seek court orders to restrain bothers from obstructing right to enter and stay in the ancestral property
1. Second marriage is permitted in Muslim religion for which your father's second marriage is legal.
2. So, all the four sisters of yours and your mother (if she is alive), have right on the properties of your demised father as per Sharia.
3. File a partition suit claiming share of your demised father's properties as per sharia.
4. Also file an application praying for a direction upon the occupiers of your father's properties being your step brothers, restraining them for selling or dealing with those properties in any way till the partition suit is disposed of.
5. Once the partition suit is decided and your demised father's properties are divided amongst all his legal heirs and demarcated with metes and bounds, you and your sisters can not only enter in to the said portion of your demised father's properties but also can sell or deal with the same the way you like.
Hi, you can file a suit for partition and permanent injuction to Claim Your share and similarly take a stay order restraining them to sell the property in future
Hello,
1. You should immediately file a partition suit and seek an interim order to the effect that you may be allowed to access the property .
Also you may ask your sister to lodge a police complaint with regards to the act that has been done against her, if the police refuses to lodge an FIR due to political pressure, you may ask her to lodge a complaint with the magistrate directly under section 156(3) of Cr.P.C.
Get hold of a good local lawyer who can help you with this regards.
1. You have to file a civil suit for declaration and partition to cull out your separate share in the property of your father.
2. To restrain him from selling the retail goods, you can seek permanent injunction against him.
3. There is nothing that police can do, the remedy is only before the civil court/
1. If the local police are not cooperating you may approach the higher police of the city with a similar complaint with a request to direct the local police to initiate proper legal action on the complaint pending before them.
If this also fails to fetch a proper response then she may file a petition before the judicial magistrate court under section 156(3) cr.p.c. seeking direction to the concerned police to initiate proper legal action on the complaint and to register FIR if necessary.
2. You all should file a partition suit seeking partition and separate possession of your respective shares in the property.
An application seeking injunction against your brothers restraining them from alienating or encumbering the property in any maner to be filed.
Another application seeking your respective shares out of the income augmented from the properties to be filed.
You can file a partition suit in any place either in Kerala or Mumbai.
