Hi, 60 years ago my grandfather constructed a house in Howarh and passed away in 1982 without any will and keeping his widow wife and three sons.In 1996, partition took place with wish of all party. My father got his portion (25% of whole property) and rest 75% of the property went to two of my uncles and my grandmother. After staying peacefully living together, my grandmother has passed away in 2005. From then, my uncles started to presurise my parents (who are now senior citizen) to give consent for extinguising my father's right in rest 75% of the property (since he is son of my grandmother who was shareholder of that 75% of property. Recently they have physically harrashed my father and try hard my property which we are occupied. Under this circumstances, we had to file and GD and applied to howrah district court for imposition of 144 so that this malhandling does not happend again. After local police visited our house to serve notice, my uncles got more dangerous and threaten my father to harm. on my father's request police called my uncle and reminded them that under 144 any harm to my parents will lead to their arrest. Now my uncles went to local councilor and councilor's party cadre came for a reconciliation Since as per my uncle and his family, we are illigaly occuping extra property which was not part of partition deed. This is totally false.And after my father's reply to solve the case under frame of law without interferance of any other person, my uncles went local club and local club worker came to my father for reconciliation and pressurised my parents since they have to stay in the locality and this dispute is interupting peace of locality. I live in Delhi and parents are in Howarh staying alone. I need advise how can i move in legal to overcome this since my parents feared of local club and councilor.
1. Do not wait any longer nor wait for 144 proceeding to end as this would be little help.
2 Rather file a partition suit wherein your father can seek protection of his earlier 25% and now his due share from 75% of his mother's property.
3. In the same suit he can seek injunction whereby his share and possession over the undivided property would not be disturbed.
4. once an order of court is there you can expect the political touts to remain away from your personal affair.
You can file an FIR against all such incidents and take strict action against them. You can a also claim the share if your father from grandmother's Property by filing suit
1. your father has 25% right in the property of your grandfather
2. balance 75% was given to his two brothers and mother
3. on demise of mother, her undivided share out of the 75% share above, will go to her legal heirs who are your father and two uncles
4. so even though partition had taken place after demise of your grandfather, the share which went to your grandmother and her two sons i.e. your two uncles was still undivided
5. so the share of 75% again needs to be partitioned so that the share of the grandmother can be determined and from that share, the share of her 3 sons can in turn be determined
6. the legal option here is to file a partition suit and obtain injunction orders in the interim
7. if the matter can be settled by dialogue then nothing like it
8. however if your uncles are troubling your parents then a magistrate complaint can be filed against them and restraint order can be obtained
Refuse to bow down to pressure tactics
2) record uncle threats
3) install CCTV cameras in house
4) seek court orders restraining uncle from disturbing your father possession
See father can file for a partition suit.claiming share in 75.percent of the remaining property that Is 1/3 share in grand mothers 25 percent and seeking.possession of same. Also since the earlier partition is already executed to.retain same portion.
Also your parents can meet SP and district collector and can complaint about pressure of local club and the uncles and forcing to give up there legal share.
1. Your father should further lodge a police complaint against those persons putting pressure on yourb father to give up his right on his legitimate share of his mother's share of the property.
2. If police does not register a FIR, file a Writ Petition against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint.
1) Tell local club and councilors that let the matter solve in the court of law under judicial system of India.
The menace of the local councilor and other big wigs of politics is the great problem because they're not law abiding citizens.
You may ask for protection to your parents either through police or court.
Besides they may file a permanent injunction suit against them
