My Maternal Grandfather built a house after purchasing land in Nagpur around 50-60 years ago. He had three sons and one daughter. He did not legally hand over the house to his children. His eldest son ( My eldest maternal uncle) started residing in the house and paid all the taxes and earned all the rent for himself. A few years back he died. By this time the house is in a very poor condition and is inhabitable. Now one of the sons of my eldest maternal uncle wants to construct a house for his own on the land. (He has all the documents of the house) The other two maternal uncles as well as my mother don't want this to happen. Kindly suggest a way to stop him from construction and how to proceed.
He can not construct any building on any portion of the land in common possession by other co-heirs.
Seek injunction from court to restrain such construction activities.
Note that one co-heir is entitled to do any repair and maintenance work to the portion in his/her possession so as to make that portion suitable for normal uses.
Dear Sir,
It is better to file a Partition Suit in civil court and get a injunction order from court to restraining the construction of house.
A property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.
If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.
As the properties inherited by the wife, son(s) and daughter(s) of the deceased would be treated as a personal property of those who inherit the same, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather dies before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grandchild of the grandfather shall be entitled to get a share of his/her predeceased father only but if the father is alive then she/he is not entitled to any share.
file suit for partition for division of property by metes and bounds
2) seek injunction restraining carrying on any construction on said land
1. On the death of your maternal grand father all his children including your mother inherited the house in equal undivided 1/4th share.
2. So in other words your uncle do not have more than 1/4th share in the land and hence can not enter into a valid agreement for development of the land in totality.
3. However of he still goes ahead with this your mother has the option of claiming her due share by filing a suit for partiton wherein she can seek injunction in creating third party interest in the land.
your uncle son cannot sell or construct the house without permission of heirs (co owners) . If he is trying to sell or construct you can send him legal notice, thereafter file a suit for declaration and permanent injunction for stopping him from construction..
Hi,
Your mother and/ or other maternal uncles can file a suit for partition of the above mentioned property in the nearest District Court where the property is situated. The property, in the absence of a valid will, passes to all the four legal heirs. Your eldest maternal uncle or his children do not possess ownership rights just because he was staying there or was paying bills for it. File a partition suit and obtain immediate interim stay from court till property dispute is decided by the court.
Issue notice for partition.
If they do not respond. File suit for partition.
File partition suit and obtain status quo order. No sale or construction possible than.
The other two uncle and your mother can file a suit for partition and seek there share in land and also can seek stay pending the petition.
You need to send a legal notice and then take injunction from civil court for the same
File a partition suit along with Permanent injunction to restrain him from construction of house till disposal of suit.
how do I file a partition suit
First issue a notice to all co-heirs of your intention to get the property partitioned by metes and bounds by mutual agreement or by nominating arbitrator.
If they don't agree file a suit in court for partition of the property.
See mother has to file same before the civil court you can engage an local advocate for same.
Engage local lawyer for filing suit for partition
you have to pay court fees depending upon value of property
. As per the Succession Act, 1956, a son or a daughter has the first right as the Class-1 heirs over the self-acquired property of his or her father if he dies intestate .
- Since, your maternal grandfather died without distrubuting the said property , hence, as per law , all are having equal share in the property i.e 1/4 share of the properety.
- No person can claim/challenge ownership after paying property taxes etc,
- Even all the legal heirs have equal right for the benefit/rent of the said property.
- Send a legal notice on behalf of your mother , and thereby claim one fourth share in the said property and further to stop the going on construction without the consent of other legal heirs.
- If, no response, then file a suit for Partition and injunction , and thereby prayed for mothers share and also to stop the construction .
- Your mother alongwith other maternal uncles can file this single suit as well.
good luck and dont forget to rating positively.
It will file in civil court where property exits.
You will have to file Suit for partition as per the procedure of Civil procedure code. consult local property lawyer.
Contact a local Advocate for filing the suit.
You need to provide him the details of disputed properties and list of all legal heirs he we draft the suit and file partition suit.
You can file it in civil court through lawyer
Hi
All you need is:
# Copy of your notice
# Reply (in case if they respond)
# Postal Receipt, Postal Acknowledgement and / or returned Notice Covers.
# Details of the family members (Genealogy)
# Property Details.
Based on the above, if you contact your local lawyer he / she should be able to help you out.
To stop your uncle's son to construct any structure in the jointly shared property, you may have to advise your mother to file a partition suit with an application seeking injunction restraining them from alienating or encumbering the property in any manner or to put up any structure in the vacant site of the property or to renovate or demolish the property till the disposal of main suit.
This will put a stop to the proposed work by them.
You can consult a local advocate and discuss with him at length, who will guide you on all the issues including the filing of partition suit.