1) file suit for partition for division of house by metes and bounds
2) seek injunction restraining sale of property by uncles
Hi, We live in an house which shall be equally shared by 5 sons of my grandpa(Fathers), according to his will. 2 of his sons are not married, they are aged about 65 & 63 respectively. According to my grandpa will this house shall be sold within his sons only. Now problem is with one of my uncle. He left this house before 25 years. He has not contributed ti any of maintenence of this home till date. He is also very rude and his family has indulged in some criminal practices. We wish to settle the amount of his share to him and release hod from this house. He is not according to it. 4 of us are in same line and we 4 have no problem in living together, except one of by uncle who has criminal practices. How we can push him to get his share for this house and release his part.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) file suit for partition for division of house by metes and bounds
2) seek injunction restraining sale of property by uncles
See you cannot force him to sell he is rightful owner he can seek partition and can freely sale his share.
Further to force him to sale one thing can be done you all can file partition suit since house cannot be equally divided court may order to auction the house and divide proceeds. So then in same you can keep house if he agrees and pay for his share.
actually this problem cannot be sorted out legally because in case you file the partition suit it will be taking lot of time because of adamant nature of other shareholders you can persuade your Uncle's to divide the property currently or sell their share to the interested shareholders as per the wish of your grand father the property can be sold out by his sons and in absence of the actually girl hair the property can be disposed of by the legal Heirs of his deceased son.
You all can file for partition suit and fir adverse possession of the property and ask for property sharing as per the WILL.
- Since, as per the WILL , the said property of grandpa , will be devolved upon his 5 sons. It means that all sons will have their 1/5 th shares in the said property left by your grandpa.
- As per section 44 of the transfer of property Act, your 4 uncles can sell their share in the undivided property as well to the third pary without the consent of the 5th uncle.
- Further, as the 5th uncle is not living into the same since last 25 years, hence as per law of adverse possession ,he has losses his shares in the said property as well, because the maximum period of claiming possession is 12 years.
- However, your all four uncle should issue a legla notice to the 5th one, after narrating that they are going to sell/distribute the said property amicably , and by law he has no right to claim in the property, and hence being the relative they want to give him an opportunity to participate in the distribution/sell proceeding ,
- If, he fails to response within a period of 14 days, then your 4 uncles are free to take steps as per their wish and consent.
- Further, on any interuption by him , your 4 uncle can file their partition suit for the same.
Good luck and dont forget to rating Positively.
1. The 4 sons who are desirous of selling their share in the property can file a suit for partition against the 5th son in the competent civil court.
2. Civil court can divide the property through metes and bounds and give separate possession to 4 sons.
If your grandfather is no more living then the property left behind by him shall devolve equally among his legal heirs.
If one of the legal heirs is not cooperating with others then the others don't have any choice other than filing a partition suit claiming their respective shares in the property.
You cannot ignore your agitating uncle or deny his share or can take any decision without his consent, you have to resort to legal action alone.
Need to pursue the contents of the WILL.
Does he have share in the property?
Regards
G.Rajaganapathy
High Court of Madras
Do not allow him to enter in the house and show that this protest is from 25 years than on the basis of adverse possession, 4 can claim his share. No payment payable and his share will trasfer in 4 equally.
He will have the right in the same. you can legally deduct the maintenance if any common expenses are shared by others and recover the share from him. but without his will he cant be released friom the said property
without consent of your uncle you cannot settle.
The co-owners of the property can partition it by metes and bounds.
In the circumstances, your father and his other brothers have to file a suit at the district court for sale of the property, undertaking to deposit the other brother's share in the court.