• My uncle is enjoying ancestral property for last 20 years

There is an ancestral property which is in my great grandfathers and his wife's name.He had a shop and a house in the same property. He had 10 children. Out of this 10 children 9 of them went away either abroad or to work in other cities and only one son remained to take care of shop and the property. The one son I am talking about is my grandfather who has 6 children. Out of them one is enjoying the shop and the property for last 20 years. My father and his 4 other siblings wanted to make a partition but for some reason they did not. Now my father has passed away and my uncle who is using the property is exploiting the ancestral property. All other 4 children try to stop him but he does not comply with it. What can I do to stop him from using the shop and ancestral property. The other 9 children of my great grandfather and their descendants are not interested in the property and are not bothered about what is happening.
Asked 9 months ago in Property Law
Religion: Hindu

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19 Answers

A NOC should be taken from the other shareholders and a suit for permanent injunction and partition should be filed. 

Rahul Mishra
Advocate, Lucknow
13199 Answers
47 Consultations

5.0 on 5.0

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by uncle

Ajay Sethi
Advocate, Mumbai
84877 Answers
5610 Consultations

5.0 on 5.0

When there is no agreement then file a suit for partition so your share is declared and partitioned by metes and bounds.

In the said suit seek injunction as well and ask for appointment of Receiver.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

Partition by metes and bounds- It may mean mere defining of the shares i.e. division in status. It may be physical division of the property by drawing up the boundaries. It makes the quondam coparceners owners in severalty of specified item respectively allotted to them. 

Since you mentioned it is an ancestral property, he cannot sell the property all by himself and you can seek for the order of injunction from the court regarding this

 

.

Anik Miu
Advocate, Bangalore
3071 Answers
31 Consultations

4.9 on 5.0

Since you are the legal heir of your deceased father along with other legal heirs, you send a legal notice to your uncle demanding division  of property by an amicable partition and to allot you your father's share in the property.

If he is not complying with the demands made, you may file a suit for partition seeking partition of property and allotment of your father's share in the property to the legal heirs of your deceased father with separate possession.

In the same suit, you can file two applications, one demanding share in the income derived from the properties called as share in mesne profits and other one for injunction restraining him form alienating the property in any manner till the disposal of the main suit for partition. profits from

T Kalaiselvan
Advocate, Vellore
74996 Answers
1257 Consultations

5.0 on 5.0

- As per law, after the death of your grandfathers and his wife , their property would be devolved upon his all legal heirs, even the legal heirs are living abroad or other cities. 

- You can file a Partition & Permanent Injunction suit against uncle for getting fathers share in the property , and to stop to use the property without getting the consent of other legal heirs. 

Mohammed Shahzad
Advocate, Delhi
8461 Answers
92 Consultations

5.0 on 5.0

Partition suit takes 15 years or so to be disposed of 

 

2) there is no limitation period for filing partition suit for your share in ancestral property 

Ajay Sethi
Advocate, Mumbai
84877 Answers
5610 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

When you are filing for partition in inherited property, there is no such limitation period of 12 years. Also, you will have to receive injunction order from court if you want your uncle to stop using the property.

Also note that the number of years that it takes to decide on a partition suit varies form case to case. It could range anywhere between 10-15 years. Thank you.

 

Anik Miu
Advocate, Bangalore
3071 Answers
31 Consultations

4.9 on 5.0

- Permanent Injunction suit will not take much time to be finalise , it may be maximum 2 years, but the Partition suit can take much time . 

- You can get interim order against your uncle within a short period of time , i.e. 2 to 3 hearings. 

- No limitation to file a Partition suit . 

Mohammed Shahzad
Advocate, Delhi
8461 Answers
92 Consultations

5.0 on 5.0

The partition suit is not barred by any time limitation.

You cnnot stop your uncle on your own from conducting business from the shop, you may have to get a stay order from court of law to restrain him from carrying out the business till the disposal of suit.

The injunction suit or the partition suit may take at least 5 years to get disposed. 

 

T Kalaiselvan
Advocate, Vellore
74996 Answers
1257 Consultations

5.0 on 5.0

If property is given on rent you can seek orders to deposit rentals in court 

Ajay Sethi
Advocate, Mumbai
84877 Answers
5610 Consultations

5.0 on 5.0

If all the legal heirs are entitled to a share in that property then they have rights to claim share in the profits i.e., rental income or any other revenue derived out of that property. 

T Kalaiselvan
Advocate, Vellore
74996 Answers
1257 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

The benefits from an ancestral joint property must be divided among all the owners having a share in it. Such benefit will be in proportion to their share of the property. 

You are legally allowed to pay rent to your parents, brother, and other relatives provided they own the house. If the property is owned in the joint name, the rent amount can be divided between the parties. Your parents can also deduct property tax and claim a 30% standard deduction on the rental income.

 

Anik Miu
Advocate, Bangalore
3071 Answers
31 Consultations

4.9 on 5.0

- Yes, since all the legal heirs are having right to claim over the rent equally. 

Mohammed Shahzad
Advocate, Delhi
8461 Answers
92 Consultations

5.0 on 5.0

You are co owner of property 

 

you can install lock in said ancestral property 

 

however key should be given to other co owners 

Ajay Sethi
Advocate, Mumbai
84877 Answers
5610 Consultations

5.0 on 5.0

You cannot take law into your hands.

You have to approach court with a lawsuit to retrieve your share in the property now allegedly being enjoyed by your uncle.

If he approaches court with a criminal trespass case against you all, the police may take crimninal action against you.

Therefore do not criminalize the issue and invite trouble for yourself.

T Kalaiselvan
Advocate, Vellore
74996 Answers
1257 Consultations

5.0 on 5.0

- Yes, being the one of the owner of the ancestral property .

- However , you should approach the court after locking the same. 

Mohammed Shahzad
Advocate, Delhi
8461 Answers
92 Consultations

5.0 on 5.0

It takes some time but you can seek speedy interim relief in the partition suit for the same

Yes 12 years limitation from knowledge of the same.

Prashant Nayak
Advocate, Mumbai
24892 Answers
58 Consultations

4.4 on 5.0

Dear Sir,

1) You should file suit for partition of property. You should take to the rest of the sons and file a suit making each one of them a party. In the suit ask for injunction against uncle form selling the property.

2) If you place lock on the premises, it will be considered illegal means to dispossess, and your uncle will resort to filing suit for declaration and possession against you.

Thank you

Anik Miu
Advocate, Bangalore
3071 Answers
31 Consultations

4.9 on 5.0

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