file suit for partition for division of house by metes and bounds
2) seek injunction restraining sale of house by your siblings
3) also seek orders that you and father may be permitted to stay in said house
Property partition
I am from chennai,, I am second son and I have elder and younger brother. we are all married and with kids. My father bought a house on my mothers name 2 decades ago and we all lived in that together. later, we all moved out and my parents lived in the house. Unfortunately my mother passed away suddenly and she haven't provisioned any will. I understand that in that case me, my brothers and my father are the legal heirs for her property and bank accounts. After few months of her passing, my brothers keep quarrelling with me and try to be physical with us. The brothers moved into the house and when i tried to move in they are not allowing me and keep threatening us.My father was not been taken care.When i questioned, they tried to beat me. I went to the police to complaint but somehow the cops and their lawyer threatened us that they will file a case against me too and asked to leave the matter. My father is not been taken care and he is also been thrown out of the house now.How do i get my partition out of the house. how can me and father can stay back in the house
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
1. Send a legal notice to your siblings for partition and separate possession of the property by metes and bounds.
2. If there's no positive response to the legal notice sent to your siblings, file a suit in the jurisdictional and competent Court for declaration, partition and separate possession of the property by metes and bounds.
3. If you are not allowed to enter the house jointly owned by you and your siblings, forcefully enter the house or obtain a court order in your favour. Alternatively, complain to Police Station and meet the higher officials to intervene in the matter to your advantage. The Police may say that since it's a civil case , go to court to solve it legally, still you approach Police. You can lodge a Police complaint online also.
You can file a suit for partition along with your father against the other legal heirs.
In the suit you can file applications for;
1. Temporary injunction against them to restrain them from encumbering or alienating the property in any manner;
2. To restrain them from preventing your entry into the property and to not to disturb your enjoyment in a portion of property till disposal of suit. ;
3. To allot a share out of the rental or any other kind of income out of the property, if any.
You can give power of attorney to any close relatives to conduct the case on your behalf if you are not able to do the same due to your absence from the country.
given the facts you have no option but to file a suit for partition and separate possession
plz engage a competent lawyer and file that suit
You need to file a partition suit at the district court through a competent lawyer. For the purpose, you need to execute a special power of attorney in favour of your close relative or friend in India authorizing him/her to act on your behalf, after getting it suitably drafted by a competent lawyer. The special PoA can either be notarized in the USA or attested by the Indian Embassy/Consulate there. Then it needs to be sent to your power agent in India for adjudication (meaning, assessment of stamp duty) by the land registry. Once done, your power agent can act on your behalf. At the time of institution of the suit, ask your lawyer to file an interim application for restraining your relatives from occupying your property till the disposal of the suit.
Hello,
Send a legal notice to the legal heirs to claim your share on the property. if they do not respond to the same and settle the matter you can file a suit for partition and possession of the property. You have a legitimate share on the property for which you must not delay in approaching the court.
Let me know if I can be of some help.
Regards
- An offence of wrongful restraint under Section 339 is committed by restraining you from entering your house. File a complaint in the Court of Magistrate as to offence is non-cognizable. Direction will be given to police to register FIR, submit charge sheet and after trial he will be punished.
- File a civil suit for partition and separate possession of the house, adding all father, brother as parties.
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Father can also file a complaint under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 to the Deputy Collector against him and seek his eviction from house. - The house belongs to father, though purchased in the name of mother as funds are provided by father for purchase of house.
- He can bequeath/gift the whole house to you.
Dear client I am sorry to hear that but in the case you can go ahead and ask your father to make a well in your name for his self acquired property more over since the properties of ancestral property your brother will have no right over the property if a well written will has been from you later by your father
Since payment is made by your father to purchase the house, actual owner is your father and not mother.
Your father should file application under Maintenance and Welfare of Parents and Senior Citizens Act, for immediate relief and vacation of property.
You can execute registered partition deed in the same if all are agreed otherwise file partition suit
