Hello Sir, My family and my uncle are sharing same building which is in the name of my grandfather who died without any will. There were three rooms on the ground floor which was shared with my father, my uncle and my grandfather. Now 3 years ago my uncle made first floor which has plenty of space and we don't share that floor. He shifted to that floor but still claims one room on the ground floor which is always locked as no one lives in that. My brother got married and he needed a separate room. we asked uncle to vacate that room but he didn't. So now, I, my mother, My father and my grandmother lives in one room or some times I and my father sleeps in dining hall. Now as my grandmother gets pension of Rs 6000 a month, they won't give any electricity bill or any type of bill. They say that you should give the bill as mother is living with you. My aunt will always abuse my mother and try to hurt her so that we live the house. We are not that wealthy that we buy a new land and make another house. My uncle and aunt will time to time do such things which will hurt us. My father asked him to divide everything but he is not bothered about it as he has no problem there. Because we don't go into their room. Some problems like they will turn on the motor and use it directly even though the water tank will have water and when we will say about it as it will increase electricity bill and also misuse of water my aunt will start abusing saying that we don't let her use motor. And my uncle will see everything but he will not say anything. This is just one daily problem. There are many and we are just fed up of this. Now what I wanted to know is 1. Is there a legal way to get out of this? 2. Is there a way to divide everything even if my uncle don't want to do it(As it doesn't bother him)? 3. How will the property divided? I mean in half or how? 4. Can we sell our share?(Because we really want to move out from there. We want to live peacefully.)
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Your father can file suit for partition for division of property by metes and bounds
2) seek an injunction restraining uncle from selling his undivided share of property
3) your father can become owner of ground floor and uncle first owner of property
4) your father can sell his undivided share in property
1. Your grand mother can file a police complaint against aunt for abusing mental harrasment.
2. File a partition suit before the civil court seeking partition of property gutter grand mother has equal share that she can will it to your father or you.
3. See if physical partition possible then same is done otherwise complete property is auctioned and proceeds are divide.
4. Yes your father can sell his un divided share.
1) In deceased grand father's property your father have equal share, you father can file partition suit and claim equal share.
2) Your father should file partition suit.
3) property equally divided between 3 legal heirs i.e your father, your uncle and grand mother.
4) after partition you can sell your share.
Ans. Yes , file a civil case for partition of d property. After partition u can sell your share of d house.
1. File a Partition Suit in the local Civil Court, supported with all the facts and all relevant documents. You can also get a interim stay for vacating the ground floor room.
Keep Smiling .... Hemant Agarwal
you can file for a partition suit and demand interim relief in the same to break open that room and give the access to your brother. Property will be divided equally between all the legal heirs of grandfather. You can only sell if the said property is legally partitioned.
The solution for this is that your father should file a partition suit seeking partition and separate possession of his legitimate share in it..
He can keep your grandmother in his side in the partition suit.
The court will decide about dividing the property accordingly.
