Hi, you need to file a suit for Partition and demand for your share in the income getting from the Shop.
Property Dispute
Hi Everyone, I am looking for your valuable opinion : My father had two marriages Ist wife- died in 1978, Children's ( 3 boys, 2 girls). All are married and having 2 children's each. IInd wife- Children's (1 boy Myself [married not living with his wife from last 3 years, divorce case will be filled in next 3-4 months] and 2 girls [One married, and one un-married] Father’s Occupation : He was a business man running the shop in main market with my elder step brother. My father died in April 2017. Note : I am from my father's second wife who is taking the suggestions Issue ===== After my father demises, my elder brother is running the shop, he has been there on the shop from last 10-12 years. He has given shares (not based upon the actual value of the shop) to his 2 real brothers while having some agreement. The problem is that he is not giving shares of my mother (father’s second wife), my sister and myself. We have had lots of meetings with no results due to his false promises, and at the end he always turns back, and advert our shares. He married her daughter while spending lots of money, and now planning to marry his son as well, but no attention on our shares from last 3 years. Please note that the shop papers are still on my grand mother’s name. Shall we go and start sitting on the shop however that may convert into verbal fight, and I don't want my family to be involved in such things. Considering that my elder step brother has been there on the shop from last 10-15 years, and if we approach to court then will the case will go in his favor ? Can you all please suggest what would be the best way to take our 3 shares easily with expected possibilities/outcome ?? Thanks all in advance.
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
file suit for parttiion for division of shop by metes and bounds
2) seek injunction restraining sale of shop by your siblings
3) on father demise you have one ninth share in property
4) if shop cannot be divided court would direct sale of shop
- As per law after the death of your father , his property and assets income will be devolved upon all the legal heirs equally including your mother .
- Since , he is running the fathers business then its outcome should be share amongst all the legal heirs of your father equally and he cannot digest others share without getting their consent .
- You can send a legal notice to him for getting the share in the property and outcomes of the business
- If no response, then file a partition , inunction & Redention of accounts before the court.
In my opinion, you should send him a legal notice from a good civil lawyer. Thereafter, file a suit along with your sister for declaration, possession, permanent, injunction, mandatory injunction and damages for illegal use and occupation against all other legal heirs of your father and obtain stay till the pendency of suit restraining them from creating any third party interest.
The shop business and the ancestral home and other movable and immovable properties are ancestral and therefore you should immediately file a partition suit and obtain injunction so that h3 may not dispose the property as per his wishes. Your family has an equal share in the property.
Dear client,
Although he is sitting in the shop for so many years, you have a right to claim an interest in your father's property, The case will not be in the favour of your stepbrother. The interest value may be reduced considering your stepbrother's contribution to the shop but you 3 will definitely get shares.
Thank you.
Hey,
At the outset send a legal notice immediately claiming your share and give a time of 7 days and if they don't listen, file a partition suit for the share in the property wherein you would be entitled to 1/9th of the share.
You, your siblings and your mother are entitled to an equal share at par with your step brother in the properties left behind by your deceased father.
If he is reluctant to give your shares in the properties, you may have to file a suit for partition and demand your legitimate share in the properties, both shop and other properties.
You consult a local lawyer and issue a legal notice demanding our share in the shop and other properties, if he is not consenting to accede to your demands, you may file a suit for partition.
It's better to execute family settlement deed and register the same
Thanks Everyone for your excellent response, Much Appreciated. Instead of filing the partition, how can we show our possession in case we want to sit on the shop. My sister thinking to go and start sitting on the shop for atleast 5-10 days and get some construction work started on half of the property. We are thinking this to make step brother in trouble and scare him, so that he will go to either court or do mutual settlement. Please suggest will that be the good idea or we should file for a case only ?? Note: My step brother is not having a good background, he had been involved in few criminal cases as well, and so i also are scared for my family. Kindly suggest. Thanks
Asked 2 years ago
File suit for partition only
brother will come to settlement after you take legal proceedings
since he has criminal back ground going to shop daily is not good idea
If your step brother is reported to have some criminal background he may go to any extent to harm you people if you force your entry to the shop.
That may even endanger your lives.
Better approach the issue legally to protect your interests.
Yes Mutual settlement is good else it will be a long battle in court