• Property Suit

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.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

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

 

2) seek injunction restraining sale of property by uncles 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

 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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You all can file for partition suit and fir adverse possession of the property and ask for property sharing as per the WILL.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Need to pursue the contents of the WILL.

Does he have share in the property?

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

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.   

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

without consent of your uncle you cannot settle. 

The co-owners of the property can partition it by metes and bounds. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

You cannot force him to take consideration against his share.

You have to negotiate with him for releasing his share by taking consideration of his share. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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