• Property dispute and threatening to capture our house and demolish it

I have a 3 storie building in kolkata which my father built along with his two friends.
In the deed there is no mention that which floor belongs to whom.
But with mutual consent and friendship they choose their own floors.
My father got ground floor.
Each floor has different meter box with name on it.
Recently all 3 owners died.My father was one of them.
After their death we have done mutation and we have changed their names to ours.

Now the property has 6 owners as mentioned in the mutation form.

As the property was not divided so there was no individual mutation form.
Earlier there were 3 owners now there are 6 owners.

6 owners are as follows.
1- In case of my father, we have changed his name to 3 persons 
 me,my sister,my mother and we are staying on ground floor.
2- second floor owner name changed to his son.
3- third floor owner died and his name was changed to his 2 children.

NAME WRITTEN IN MUTATION FORM.
 Me , My sister , My mother , Second owner child , child 1 of third owner , Child 2 of third owner.


"PROBLEMS AND QUESTIONS."

Problem 1--> As the property is not partitioned they are forcing us to give the house to builder so that he could make multiple flats and give a small flat to us.But we dont want to break our home and we dont want flat.
We want the house to remain as it is ,as the house is not old.

Question 1--> We askd thm to do the partition of the property and asked them to sell their share of the property if they want money. But they are not willing to do the partition. What should we do?

Question 2--> What next steps should we take so that our house does not get demolished?

Problem 3--> They are threatning us that as they are the owners of second and third floor , so
 -they have the right to sell this house.
 -If we dont cooperate we will loose this house as they have more floors and they will get the house
 -They can kick us out from our house despite of the fact we have our name in the mutation form.

Question 3-->Can they do such things?

Problem 4--->My sisters marriage is fixed and i have got a job in pune . From next Year we all are going to move out from our house and from kolkata. From next year our whole building is going to be empty. But we will visit it bimonthly.

Question 4--->OUR MAIN CONCERN is that as we are not present can they break into our home and capture it and throw our stuff out and say that that home belongs to them?

5- We do not have money to purchase their share of the property, however we are willing to do the partition so that they can sell their share to other owners. Can we be forced to sell our share or purchase their share by the court? 

6- What should we do if court orders to forcely sell our share?

7- The builder and other owners are continuously coming in our building and they are planning to demolish it, however they do not have any paperwork. They are intimidating us and mentally scaring us. What should we do?
Asked 1 year ago in Property Law
Religion: Hindu

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15 Answers

1) file suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by other co owners 

 

3) you cannot be kicked out of the house 

 

4) you should start staying in the ground floor .don’t leave it vacant 

 

5) court would not force you to sell your share as property can be divided 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The best way out would be file a partition suit and claim your shares in the property and also file an injunction application which will stop them from changing nature and characteristics of the building

Rohan Raj
Advocate, Kolkata
31 Answers

5.0 on 5.0

  1. File a suit for partition of property and declaration of each floor in each owners names. As meter is in different names you can obtain ground.
  2. They cannot say home belongs to them as there is mutation record and meter is in your name. If they use force against your staff they will face criminal cases by you.
  3. They cannot sell the building without your consent, being owner of ground floor you position is stronger.
  4. They will quote unreasonable price if you offer to purchase. Seek partition and declaration of ground floor in your name.
  5. No such order can be passed by court if you are not willing.
  6. Approach Court first and obtain injunction against them from selling/demolishing/transferring/taking forceful possession/entering in to development against with builder.

Ravi Shinde
Advocate, Hyderabad
4075 Answers
42 Consultations

5.0 on 5.0

you can oppose the directions by court to sell your share they can seek partition if they want or sell the entire property 

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

1. Since you have  refused to accept their proposal for redevelopment of the property by demolishing it, you can remain silent, let them approach court with any case they may feel it fit.

Once the original owners have got the property mutated to their names and have been in possession and enjoyment of their respective portion of property ever since without interruption or interference from any external source, it is deemed to be that the property has been orally partitioned and to evidence the same, the mutation records and the document s pertaining to their possession and enjoyment  would be sufficient to establish there was a partition among the joint owners. 

Therefore if you do not want to accede their request then you can remain silent, if they take any action in this regard you can challenge the same ion the basis of the mutation records and other documentary evidences in your support.

2. If at all they are trying to demolish the house property where you reside, you can file a permanent injunction suit to restrain them from indulging such activities without following due process of law and in the same suit you can file an application for temporary injunction n the same lines till the disposal of the suit.

3. No, they cannot do so, it is your imaginary fear, shed it out and take legal steps to prevent them from doing so if you are scared about their threats.

4.  you file a suit for injunction and follow it up regularly from remote place too.

5. No is the answer.

6. Court will  not force you to sell it because it is your own property and enjoying it separately without  being a joint tenant.

7. If the threat persist then you can give a complaint to the local police besides filing an injunction suit against them.

 

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. The other shareholders can not demolish the entire house including your portion.

 

2. File a partition suit or a declaratory suit praying for a declaration that the said property has been partitioned mutually with oral agreement where all the legal heirs of the original owners are now residing. 

 

3. Along with the above suit, file an application under Order 39 Rule 1 & 2 praying for an order upon the said defendants not to take any step to demolish your house till the suit is disposed of and disturb you in any way and obtain the stay order accordingly.

 

4. Once the stay order is obtained, keep it renewed periodically sending a copy of it to the local police station.

 

5. Following the above steps, you shall stay legally protected from any illegal,action as threatened by the other parties.

 

6. The cases are to be filed very quickly before the otherside takes any legal action contrary to your proposed step.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

They cannot take any legal action other than approaching court to seek permission for demolition.

But you can secure a report from a structural engineer about the worthiness and condition of the building.

As the building is not damaged extensively, there may not be a necessity to demolish or redevelopment of the same, hence you may just wait and watch the developments, i.e., wait and see what case are they going to file before court.

If they do any illegal activity by demolishing the building on their own, you immediately rush to police seeking their protection to you and to your family becasue of this illegal act and also rush to couirt and obtain an order of temporary or ad interim injunction injunction against them, which will restrain them from proceeding, if they still move on then they would be deemed to have done an act of contempt of court order, they can be pushed to jail for this disobedience of court order.

 They will not take risk to go to jail if they indulge in any such illegal activity.

 

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

They willl proceed with the prayers in their suit 

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

They can sell their undivided share in property 

 

hence it is necessary for you to file suit for partition and seek injunction restraining the, from selling their share pending hearing and final disposal of suit 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

other party cannot evict you legally, if they try to do it force or by any other way file a complaint.

 

other party can also file for partition of the property.

 

Your are the shareholder of the property to you have all the right to enjoy your property. No one can deny your right.

 

In my opinion it would be appropriate if you take action first rather than waiting for them to take action judging from the above mentioned facts mentioned by you.

Rohan Raj
Advocate, Kolkata
31 Answers

5.0 on 5.0

1. It can not be anticipated as to what illegal step the other side might take against you to usurp your property.

 

2. They might demolish the building basing on a forged agreement for development of the property signed by your deceased father.

 

3. They might claim that you have verbally agreed for construction of flats by demolishing the building placing some audio recording of any of your family members etc.

 

4. The steps to be taken by you to protect against any such adverse action which could be taken by your other side has been suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

They can seek injunction against you for not disturbing their possession and dealing with their property and declaration  as to ownership of their share. You can pre-empt them by approaching the Court first.

Ravi Shinde
Advocate, Hyderabad
4075 Answers
42 Consultations

5.0 on 5.0

Dear client, 

As per the facts mentioned, it appears that the property is held jointly by the six owners as co-owners in equal undivided shares. Each co-owner has the right to use and occupy the entire property, and no co-owner can claim exclusive ownership or possession of any specific part of the property. Therefore, the other co-owners cannot force you to sell or give up your share in the property without your consent.

Regarding your questions:

  1. If the other co-owners are not willing to partition the property, you may file a partition suit in the court, seeking a court order for partitioning the property. The court may appoint a commissioner to divide the property into separate portions, which can be allotted to each co-owner. However, if the property cannot be conveniently partitioned, the court may order a sale of the property and distribution of the sale proceeds among the co-owners in proportion to their share.

  2. To protect your property from being demolished or taken over by the other co-owners, you may file a suit for injunction, seeking a court order to restrain the other co-owners from interfering with your possession and enjoyment of the property. You may also file a complaint with the local police, alleging criminal trespass or intimidation by the other co-owners.

  3. No co-owner can sell or transfer the entire property without the consent of all the co-owners. However, each co-owner has the right to sell or transfer their share in the property to a third party. If the other co-owners sell their share to a third party, the new owner will become a co-owner of the property and will have the same rights and obligations as the original co-owner.

  4. To protect your property from unauthorized occupation or dispossession, you may install CCTV cameras and security alarms in the property. You may also appoint a caretaker or a trusted person to look after the property in your absence.

  5. If the court orders a sale of the property, you will be entitled to receive a proportionate share of the sale proceeds in accordance with your share in the property. However, if you do not have sufficient funds to purchase the share of the other co-owners, you may have to sell your share along with the other co-owners.

  6. If the court orders a sale of the property, you may challenge the order by filing an appeal before the higher court. However, if the higher court upholds the order, you may have to comply with the court order and sell your share.

  7. If the other co-owners or the builder are threatening you or intimidating you, you may file a complaint with the police and seek protection under the law. You may also consult a lawyer and seek legal remedies, such as a restraining order or an injunction, to protect your rights and interests in the property.

In case the other party files any contrary legal action, you may have to defend your rights and interests in the court. You may need to engage a lawyer and gather evidence to prove your case. The other party may file a suit for partition or a suit for specific performance, seeking a court order for sale or possession of the property. You may have to file a written statement and appear in court to contest their claim.

 

 

 

 

Anik Miu
Advocate, Bangalore
9199 Answers
111 Consultations

4.7 on 5.0

1. As per law, they cannot sell the property before the partition and without taking your consent 

- If they are not ready for partition , then send a legal notice to them for the partition of the property , and if no response then file a suit for partition before the court. 

2. They cannot demolish the house before taking consent of all the legal heirs. 

- You an file a suit for Permanent Injunction before the court with that Partition suit for restraining them from demolition the property and to partition of the property. 

- Further, if they insist, then you can lodge a compliant before the police as well. 

3. Legally , Not

4. No , they cannot take such steps against your consent. 

5. No

6. Court cannot give such order , if you will file a partition suit. 

7. Do as I advised 

Mohammed Shahzad
Advocate, Delhi
13541 Answers
201 Consultations

5.0 on 5.0

As I can understand your father along with his two friends had jointly purchased a property. Hence, all 3 are undivided joint owners, in absence of any demarcated partition all three (in absence their respective legal heirs) are undivided joint owners.

 

You may at your own file a partition suit against the others if the partition cannot be done amicably. 

Sayan Datta
Advocate, Kolkata
7 Answers

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