• Illegal possession of my father house by my elder brother

There is one house in the name of my father. My elder brother is unnecessarily occupying it & have put his lock thinking it is his sole property. My father has not written any will. He is also planning to illegally rent out or staying with his cousins / friend to secretly take rent from them . I want this house should be in common lock till property is disposed off. What action should be initiated to put under common lock not to used by any body . What legal notice & other action required.
Asked 12 days ago in Property Law from Delhi, Delhi
Religion: Hindu

If your father alive he may request the district magistrate for eviction from illegal occupation. In other case you need to file a partition suit to claim your share in undivided property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6196 Answers
19 Consultations

4.9 on 5.0

If your father is alive then he can take the keys and give on rent to any one as per his wish.

If you want your share then kindly send a legal notice to him a file partition suit issues and fact in.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

1. what is the status of your father? living or not?

2. Sorry, but i am presuming as expired intestate,

3. if there is no WILL the property will be devolved among all legal heirs which include both brothers,

4. you can file a suit for partition of the property 

 

 

Suneel Moudgil
Advocate, Haryana
1480 Answers
2 Consultations

4.5 on 5.0

1. You can file Civil Case for Partition or part possession of Father's property, since you are also a legal heir and have EQUAL share in the property (since Father did not execute any WILL).

2. Obtain restraining orders from the Civil Court, against brother, restraining him from selling /transferring /gifting /donating /leasing /renting /etc.... the property in any way.

Hemant Agarwal
Advocate, Mumbai
3669 Answers
19 Consultations

5.0 on 5.0

Is your father still alive?

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

On father demise you and your brother have equal share in property 

 

2) you can file suit for partition for division of property by metes and bounds 

 

3) seek an injunction restraining sale of property or creating third party rights  by your brother 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

1. POA can represent the sister but better if she appears and sign the documents,

2. her presence is necessary for the execution of the POA

Suneel Moudgil
Advocate, Haryana
1480 Answers
2 Consultations

4.5 on 5.0

If father is not alive then first get the property register or transfer the title on legal heirs name and later make the relinquish deed. To register relinquish deed your both sister has to come in the sub registrar office with out that it won't be complete it.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

You can break and enter in the house, you have equal title in father property. Or have to file partition suit and declaration of title.

In same case , you can obtain injuction order, not to put property on rent.

All have 1/4th share each and sisters have to execute release deed to transfer their share. Deed will register at sub registrar office.

She can give POA to another sister to execute release deed.

PoA can execute anywhere in India. Notory is suffice no need to register POA .

 

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

Relinquishment deed can be signed by birthday sister and incase one of your sister is living outside India then relinquishment it can be authenticated by The Ambassador concerned in the country she is leaving and the same can be registered in India on the basis of relinquishment deed you can transfer the property in your names

Vimlesh Prasad Mishra
Advocate, Lucknow
6196 Answers
19 Consultations

4.9 on 5.0

Dear Client,

You have to file a case for Partition.

Contact me by searching me on the internet "Jaswant Singh Katariya" 

Jaswant Singh
Advocate, Gurugram
628 Answers
2 Consultations

4.8 on 5.0

Your sister would have to appear before the sub registrar in her city in order to get the power of attorney registered as it is mandatory for a power of attorney to be registered when title in property is transferred. After that, you can use the power of attorney to get the  conversion, mutation and registration of relinquishment deed done.


Your Statements imply that your father is not alive and he died without leaving a will, in that case you should file a suit for partition and injunction along with interem relief application to restrain your brother from creating any third party interest in the property till the suit is decided as well as to maintain status quo.

You can start by sending a legal notice to your brother asking him to open the locks and to give you possession of your share in the property within two days of receipt of the legal notice, failing which you would have to proceed legally against him in court.

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

See you can file a suit of partition to seek your share from the property. Also further other siblings and mother can be made party to same. 

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

Yes she can give a power of attorney in favor of anyone of your to execute a relinquishment deed and sign same on her behalf.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

Dear sir

You haven't started status of your father

If he is present you can file suit through him.

Else first serve legal notice and henceforth suit for partition wherein sisters would be party and then surrendering the righs on behalf of brothers.

Anand Shukla
Advocate, Delhi
530 Answers
13 Consultations

4.9 on 5.0

If it is your father's property and he is reported to have died intestate then the property shall devolve equally on all his legal heirs.

Your brother cannot enjoy the property alone by himself.

You can file a partition suit claiming your rightful share in it, besides you can file an application seeking injunction restraining him from putting his lock or alienating it or renting it out  or do any such act which affects the interest of other shareholders till the disposal of main suit.

 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

The power of attorney deed should be done by a registered document.

She can get it registered from the city where she currently resides and send it by post to you.

The relinquishment deed should be done by  registered deed to make it legally valid.

You can file a partition suit subsequently seeking your legitimate share in it.

 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

You can also put your additional lock in it. He can't have sole right in the same. For any injunction order you need to approach civil court

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

Dear querist,

Let us go procedurally correct. 

1. First you need to have a relinquishment deed from your sisters and since they are out of station then a special power of attorney in your favour as a attorney holder will serve the purpose. 

2. Secondly, with all those papers in your hand you will be either filing a partition suit or you can go for out of court procedure where you will be either getting the property mutated. 

3. By that you will be having your property in your possession. If your elder brother is not letting you have your share a legal notice intimating him will be the first step. 

 

Everything is required to be done in such a manner wherby, sources and other formalities will be required. You dont need to worry about that. 

 

 

You can contact me for doing all the procedure on your behalf. 

 

Regards,

Yuganshu sharma

Advocate 

Delhi high court

Yuganshu Sharma
Advocate, New Delhi
229 Answers
1 Consultation

5.0 on 5.0

As per ur query u have not mentioned about the details of property whether property is ancestral or self acquired .
Secondly property stands in whose name and whose possession . Kindly give all details for proper answer/ suggestion.
Assuming said property is in name of father all the children have equal right/share in property. You can file partition suit before civil court.

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

Your sister can give a POA to any one of relative to execute relinquishment deed. But it should be duly stamped and registered.


Your sister can give a POA to any one of relative to execute relinquishment deed. But it should be duly stamped and registered.

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

Hemant Agarwal
Advocate, Mumbai
3669 Answers
19 Consultations

5.0 on 5.0

1) sisters should execute  gift deed or  relinquishment deed to   transfer or relinquish their share in property

 

2) it should be duly stamped and registered 

 

3) if sister is unable to come she can execute registered POA in your favour of family member to execute relinquishment deed or gift deed 

 

4) she has to appear before sub registrar to register  POA in her city 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

1. You should send a legal notice to your brother to provide a duplicate key of the house and not to rent out or dispose the property without your consent.

2. You can also file a suit for temporary injunction for stay on sale or letting of property till title tranfer of property.

3. If brother refuse for partition then you can file suit for partition of property in Court. 

 

Mohit Kapoor
Advocate, Rohtak
6547 Answers
2 Consultations

5.0 on 5.0

A legal notice should be sent to him immediately. If he does not respond then file a civil suit in the district court for partition of the property and permanent injunction.

Rahul Mishra
Advocate, Lucknow
6178 Answers
14 Consultations

5.0 on 5.0

A power of attorney can olbe obtained from her and she can register it in the city where she lives.

Rahul Mishra
Advocate, Lucknow
6178 Answers
14 Consultations

5.0 on 5.0

1. You can file a suit for partition to divide the property through metes and bounds and also seek injunction to stop him from creating third party rights in the property during the pendency of the suit.

2. Your sisters can execute a release deed in your favour. Alternatively, they can also execute GPA to authorise to conduct all transactions pertaining to the property. The GPA has to be registered for which she has to appear.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

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