• 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 5 days ago in Property Law
Religion: Hindu

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10 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
11900 Answers
26 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
81077 Answers
5010 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
22141 Answers
331 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

 

 

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Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 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
71133 Answers
1012 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
6272 Answers
64 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
81077 Answers
5010 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.

 

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  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 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
6272 Answers
64 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
71133 Answers
1012 Consultations

5.0 on 5.0

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