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Partition of land amoung brothers.

(Querist) 07 June 2018 This query is : Resolved 
Sir,
A pieces of land which is in the name of mother after his decease has been made partition.one portion my father and another my uncle. Now in this pieces of land there are tenants which monthly rent is withdraw by my uncle, before partition.After partition still he used to withdraw all the rent from tenant including my father portion also.When my father said that his portion rent will collect by my father ,uncle portion rent collect by uncle. This thing made my uncle furious ,he started shouting making false propaganda that my father is thieve etc etc. My uncle has aslo threaten that do what ever you can do he will collect all the rent.

Now sir plz advise what are the option availiable near to deal with this situation.
Ms.Usha Kapoor (Expert) 08 June 2018
YOU FILE DECLARATION OF TITLE TO YOUR FATHER'S PORTION OF RENTED HOUSE AND MANDATORY PERPETUAL INJUNCTION AGAINST YOUR UNCLE REFRAINING HIM FROM INTERFERING WITH YOUR PORTION OF THE RENTED PROPERTY.. PRIOR TO THIS YOU ISSUE A LEGAL NOTICE OF 15 DAYS DURATION. iF WITHIN 15 DAYS OF NOTICE PERIOD YOU DON'T GET ANY RESPONSE OR SATISFACTORY REPLY FROM YOUR UNCLE.FILE THE SUIT. CONTACT A REPUTED CIVIL LAWYER.
Ms.Usha Kapoor (Expert) 08 June 2018
YOU FILE DECLARATION OF TITLE TO YOUR FATHER'S PORTION OF RENTED HOUSE AND MANDATORY PERPETUAL INJUNCTION AGAINST YOUR UNCLE REFRAINING HIM FROM INTERFERING WITH YOUR PORTION OF THE RENTED PROPERTY.. PRIOR TO THIS YOU ISSUE A LEGAL NOTICE OF 15 DAYS DURATION. iF WITHIN 15 DAYS OF NOTICE PERIOD YOU DON'T GET ANY RESPONSE OR SATISFACTORY REPLY FROM YOUR UNCLE.FILE THE SUIT. CONTACT A REPUTED CIVIL LAWYER.
ABDUL RAZIQUE (Expert) 08 June 2018
Is Partition made by Court or orally? If your father and uncle partition the said property mutually then your father file a partition suit before Honorable court. In the mean time your father can sent a notice to all tenant that no rent will be handover to any till the decision of learned court or file an injunction about right of rent collection.
ASHIM KR RAY (Querist) 08 June 2018
Sir,
Partition has been made as per family Deed and later has been register the name in Land revenued department(i.e Circle office)
ASHIM KR RAY (Querist) 08 June 2018
Sir,

Even the security money which has been collected from tenant was also kept with him.
ABDUL RAZIQUE (Expert) 08 June 2018
Now your father may be proceed with criminal code or civil code. There is two site open for your father. Contact local lawyer and take shelter of law to teach the right way.


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