We have a ancestors property in Rajasthan which was my grandfathers property. My grandfather and grandmother have demised few years back. They left no will for thr distribution of porperty. My grandfather have 4 sons and 3 daughters (i.e. My father are 4 brother and 3 sisters). All my aunts do not claim any right in the property and are ready to surrender their rights in favour of their brothers. Now all my uncles and father wants to divide the property. However, while having talks on distribution of property disputes have risen about some previous settlement of money matters. Due to which talks on distribution have failed. As a result my eldest two uncles and their sons are creating dispute in forceful way. They are planning to brake the building in parts and build wall as per their way and are also not letting us keep our share. The use of forces and help of few goons they are doing what they feel like doing. Please suggest legal remdies available to us, for protecting us from any harm and keeping our share to property.
1. Don't delay the settlement and agree for mutual partition even if that does mean losing few amount of money.
2. If that doesn't work then file a suit for partition for separate possession.
3. In the said suit ask for injunction as well so he may not disturb present possession of yours or encroach on your land.
Please als advise How we can stop them from demolishing part of building in property and to further encroachment. Secondly if we file suit for partition of separate possession how to take noc from my aunts And lastly how can we make sure they do not sell the property without our consent.
1. I have already advised ,Read carefully. By way of filing petition for injunction.
2. They can file NOC in court itself.
3. Injunction order will take care of that.
1) on your grand father demise your father would have one seventh share in the property
2) if your 3 aunts dont want any share they should execute deed of relinquishment for their share in property
3) your father should issue legal notice for his share of the property
4) if his brothers are not willing for equal distribution file suit for partition for his share
your father should in partition suit seek an injunction restraining his siblings from demolishing the building and from creating any third party rights
in said suit 3 aunts should also be made party to the suit
once injunction is granted your uncles would not be able to sell the property
immediately file a civil suit for partition before the civil court along with an interim application under Order 39 rule 1& 2 of CPC and claim stay.
the court have power to pass an order against them and grant stay and after the stay they can not do any thing against the court order otherwise the court may take action against them for contempt of court and may seized their properties.
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The property is not ancestral if it is originally owned by your grandfather. Since there is absence of consensus as to the division of property any one of the heirs of your grandfather can file a lawsuit for partition to cull out his/her share in the property. You can also seek injunction to stop them from demolishing the building and making further encroachments.
The aunts can execute a deed of relinquishment in favour of their brothers if they do not want a share in the property.
1. Let your father file a partition suit immediately and also a petition praying for a direction upon his other brothers no maintain status quo and restrain from altering the structure of the property,
2. After getting the court order, send a copy to the local police station for active intervention if they still keep breaking part of the building.
1. Let your father first file the partition suit,
2. NOC can be collected from his sisters by visiting them,
3. File the petition for injunction as suggested in my earlier post.
As a result my eldest two uncles and their sons are creating dispute in forceful way. They are planning to brake the building in parts and build wall as per their way and are also not letting us keep our share.
The use of forces and help of few goons they are doing what they feel like doing.
Please suggest legal remedies available to us, for protecting us from any harm and keeping our share to property.
The immediate solution to this burning issue is to file a partition suit seeking partition and separate possession of 1/7th share in the property by your father along with an application seeking injunction restraining the defendants from making any demolition, alteration or alienation of the property till disposal of the suit. You can take photographs of the demolished portion and implead them in the pleadings of the suit.
How we can stop them from demolishing part of building in property and to further encroachment.
Secondly if we file suit for partition of separate possession how to take noc from my aunts
And lastly how can we make sure they do not sell the property without our consent.
File an interlocutory application for injunction seeking to restrain the defendants from going ahead in their intended act of demolishing or encroaching the property as an interim relief till the disposal of the main suit for partition.
For the present do not obtain NOC from aunts, let them be involved in the suit as defendants due to which they will put pressure on the warring uncles.
