How to do partition of a joint hindu property?

varsha (Querist) 30 September 2009 This query is : Resolved
Hello Sir,

Myself Varsha, we are living in a joint family in Delhi. After the death of my grand parents my elder uncle (Tauji)is keeping all the property papers also we have around 6 tenants and he is the one who is collecting all the revenue from tenants from last 12 years.

Now, we want to divide the property for which he is not ready instead of that he had told us to leave the house and live on your own..

My father has also confirmed about the some legal formalities and he came to know that Till the time the case will be pending in the court the court will SEAL our house and we will have to live somewhere else... 1.)IS IT TRUE??
2.)If NO, then on what grounds we can file a case against them.. Please Suggest.

Best Regards
Varsha

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adv. rajeev ( rajoo ) (Expert) 01 October 2009
Dear Varsha,
Your father and other family members like ur father's brothers and sinsters will get equal share in all the properties.
justyou have to take the property extracts from the concerned department and file a suit for partition and seperate possession.In this also u can ask for mense profit.
It is absolutely wrong, court will not seal your house. U can also take an injunction order from the court as not to oust from the suit properties till the disposal of the suit.
Letme know whether you are living the seperate house or along with ur uncle.

IN a suit youcan to file an application seeking direction from the court to direct ur uncle to deposit the rent he is receiving.
Partition suit will be decreed 3 times.
After passing a decree in Original Suit, you will file Final Decree Proceedings, if matter is not settled in FDPthen you will have to file an Execution petition to execute the decree.
Further if you want any suggestion u can call me to my nos: 9448230014 , 9986981997, 9738343329

adv. rajeev ( rajoo ) (Expert) 01 October 2009
Varsha,
Sorry I forget to answer ur last question.
You have to seek partion on the ground that Ur uncle denied the share of the Plaintiff in all the suit properties.

Adinath@Avinash Patil (Expert) 01 October 2009
1]You can file suit for partion and seprate possession of undivided properies against all members your joint family.It is neccesary to make party all 6 tenants as neccessary party.
2] you can file application for asking your uncle[tauji] & all tenants to deposit rent amount in court & not to withraw said rent amount till the final decision of partion suit.
3]If partition suit decreed and your tauji not ready give possession of property then you can file decree decree. procedue/execution of decree.

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Raj Kumar Makkad (Expert) 01 October 2009
Opion of Rajeev and Adinath both is almost same and perfect. I agree with that.

Jithendra.H.J (Expert) 01 October 2009
I agree with the above experts, approach the court of law, before that you may also give legal notice to your undle, asking for your share.