• Co-owner acting without consent of other owners

We are two families living together in a bungalow. My mother and I stay on one side and the other side is my mother’s brother and family with a common hall and entrance, we have been living there since birth nearly 80 years peacefully. In the last 6 months a dispute has arisen over the property - they claim it is theirs based on a 37-year-old ‘will’ but are refusing to show it. The property is still in my grandfather’s name as per the property card/ tax documents. (The property matter, probate, is in court, being done separately by them).
1.	Recently they painted the entire villa/did the entire concreating of the garden and grew some trees, locked one gate without our consent. When we objected, they complained to the police that we were harassing them (the police did nothing). They also planted a tree near the gate, inconveniencing me while removing my car. 
2.	They complained to the BMC that my dog is ruining their plants (at the opportune moment when I was not at home for a few days and my 80-year-old aged mother had to deal with the BMC) - What action can I take against this?
My questions are:
1.	Can a co-owner in an undivided/ un-demarcated property make changes to the entire property (e.g., painting/ putting grills/ concreating/ locking gates) without the consent of the other owners? What action can I take against it?
2.	If a ‘will’ is fraudulent can any criminal case be pursued, simultaneously, in addition to filing a caveat against probate?
Asked 1 year ago in Property Law
Religion: Christian

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17 Answers

You have to file suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of undivided share in property and from carrying on any alterations in the common areas without your consent 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

  1. You can sue them for nuisance. 
  2. Other than caveat, if the Will itself is forged, you can file police complaint for forgery. 
  3. For further legal assistance and advice, you must visit me for exhaustive consultation. I understand you are from Mumbai. I'm based in Mumbai /NaviMumbai too, so it shouldn't be much of an issue for you to visit me for exhaustive consultation. 
  4. ९८२०८९७८८४. (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1552 Answers
5 Consultations

4.4 on 5.0

1. No co-owner can do so. In order to protect your rights, file a suit for declaration of your title and partition of the property at the district court, in consultation with a competent lawyer. Ask your lawyer to file an application along with the plaint for an interim order restraining the Defendants from barring your access.

2. If the Will turns out to be so, you may file a criminal complaint.

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

1. You can file a suit for partition and separate possession of your legitimate share in the property by metes and bounds.

In that you can file an injunction application restraining them from making any alterations or obstructing your enjoyment in any manner till disposal of the suit.

2. First of all you have to prove that it is fraud and fake document, by participating in the probate case.

Once it is proved to be false, then automatically they are not entitled to any benefits that they claim now.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

1. No.  A co-owner in an undivided property unilaterally can't make changes to the entire property.  All the co-owners should agree for it. Complain to BMC about it.

2.  If you have strong demonstrable evidence that the WILL is fradulentally executed, you can pray to the Hon'ble Competent Court to quash the same in addition to filing a caveat against probate of WILL

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

1) Co Owner cannot do changes in property without the consent of other owners . You can approach the civil courts if your ingress is being stopped. No one can stop you from enjoying your own.property.

 

2) yes, if a will is fraudulent, you can approach and file complaint against that person's. You should file caveat against probate as early as you can.

 

Rohan Raj
Advocate, Kolkata
31 Answers

5.0 on 5.0

1. Yes they can. If those changes are essential and necessary for the preservation and proper management of the property. However if they do changes that cause damage or illegally obstruct the other co owners then the aggrieved co owner has to file a suit for injunction against the offending co owners 

2. Try. However police will not do anything. It will brush aside the matter stating that it's a civil dispute. Could be a waste of time money and energy. 

Yusuf Rampurawala
Advocate, Mumbai
7539 Answers
79 Consultations

5.0 on 5.0

  1. A coowner cannot change the nature of property without consent of other coowner. You can obtain injunction against him.
  2. A will not probated before three years of the death of testator is out of limitation.
  3. As the will is claimed to have executed 37 years back, in all probability it is fraudulent.
  4. It can be challenged as such. Punishment for forging a will is imprisonment up to seven years. Offence is described under Section 467.

Ravi Shinde
Advocate, Hyderabad
4068 Answers
42 Consultations

5.0 on 5.0

1. The Co-Owner can not make changes of the side of the property where in you are residing, without your consent.

 

2. Probate of the will shall have to be obtained by your mother's brother from the Court by filing an application when you also will get a copy thereof seeking your consent or contest. You will get ample chance contest the Will at that time.

 

3. Meantime your mother can lodge a police complaint alleging harassment by her brother.

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

Dear client,  

As the property matter is already in court, it is advisable to consult with a lawyer who can guide you on the specific details of your case. However, I can provide some general information regarding your questions.

In an undivided property, all co-owners have equal rights to use and enjoy the entire property. Therefore, any changes to the property should be made with the consent of all co-owners. If one co-owner makes changes to the property without the consent of the other co-owners, the other co-owners can take legal action against them. The legal action may include filing a suit for injunction to stop the changes, or a suit for partition to divide the property.

If a will is suspected to be fraudulent, it can be challenged in court. The legal proceedings for challenging a will are separate from those for probate, but they can be pursued simultaneously. If there is sufficient evidence to support the claim of fraud, criminal charges may also be filed. However, it is advisable to consult with a lawyer who can guide you on the specific details of your case.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

Yes you can pursue a criminal case on above facts 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Check court records as to whether citation issued 

 

2) file partition suit 

 

3) if you are contesting testamentary petition filed for probate it would be converted into testamentary suit and both suits would be clubbed together 

 

4) disposal of suit may take 10 years 

 

5) you can file FIR  for forgery separately 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1. You should get this checked by engaging an advocate, whoc will give you the updates regarding the probate case by seeing the records of the case.

 

2. Inspection of original will can be done by filling vakalatanama in the probate case by entering your appereance.

 

3. No it is not admissibale neither permissibble since it violtes the right to privacy.

4. File a criminal compliant with the police for forgery of will documents and you should contest probate. there is no expense for filling a criminal complaint and contesting the probate will incur minimum legal expense. 

i would suggest you to file the Partitition suit as well as that will be better to do in your case.

 

 

 

 

 

 

Rohan Raj
Advocate, Kolkata
31 Answers

5.0 on 5.0

1. If  a petition has been filed seeking grant of probate of Will, then you may have to wait for the notice from court becasue as a respondent you will be receiving a notice, if not then you can file a petition to implead yourself as a party to the probate case through your advocate.

2. If the Will has been filed before court and if you are a party then your advocate can file a petition before the said court seeking to inspect the Will or file a copy application to obtain a certified photocopy of the Will. 

3. Phone recordings are not admissible as primary evidence

4. file a partition suit

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

1. No foul play

its not admissible as it’s affect right yo privacy

 yes partition suit maintainable 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Dear client,  

If the citation has not been served despite the probate being filed in late 2022, there could be various reasons for the delay. It is possible that the court is experiencing a backlog or delay in processing the citation, or that the executor or petitioner has not provided accurate contact information for the parties to be served. It is also possible that there could be foul play involved, but this would need to be investigated further. It is recommended that you consult with an experienced attorney who can review the details of the case and advise you on the best course of action.

The timing for inspection of the original will will depend on the laws and procedures in your jurisdiction. Generally, interested parties may request to inspect the original will after it has been admitted to probate. However, the timing and conditions for inspection may vary depending on the specific circumstances of the case. It is recommended that you consult with an experienced attorney who can advise you on the timing and procedure for inspection of the original will.

The admissibility of phone recordings without the knowledge of the person being recorded will depend on the laws and procedures in your jurisdiction, as well as the specific circumstances of the recording. In some jurisdictions, it may be illegal to record a conversation without the consent of all parties involved. However, in other jurisdictions, it may be legal to record a conversation as long as one party consents to the recording. It is recommended that you consult with an experienced attorney who can advise you on the admissibility of phone recordings in your jurisdiction and in your specific case.

The most cost-effective and time-efficient course of action will depend on the specific circumstances of the case. If there is evidence of forgery or other criminal activity, a criminal suit may be necessary to address these issues. If the main issue is the division of property among multiple parties, a partition suit may be more appropriate. It is recommended that you consult with an experienced attorney who can review the details of the case and advise you on the best course of action.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1. How do you know that probate application has already been filed? Did you get the notice without copy of the plaint? If yes then you shall have to appear on the next date of hearing and file an application before the Court stating that you have not been served with copy of the plaint and its annexure.

 

2. After collecting the copy of the will, you can make inspection of its original from the records since original will shall have to be submitted alongwith the probate application unless special leave has been obtained from the Court to submit copy of the Will and in that case you shall have to file an application for inspection of the original will.

 

3. It has not yet been barred by any court in India. 

 

4. For filing criminal suit, you shall have to collect copy of the Will and determine where it has been forged. Moreover, criminal case is for punishing some one who has committed the crime. It will not entitle you the share of the property for which you shall have to file a partition suit.

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

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