Property disputes

Yogesh Kumar (Querist) 16 January 2012 This query is : Resolved
Dear Sir,

My father is having property dispute (in Rajasthan) with his brothers. The property is a Shop and market value of it about 80 Lacs. My grandfather died without writing any will for property distribution.
My father's brothers are not showing any willingness to resolve the issue with mutual consent and they take possession on property in their hands.
I and my brother are not living in town and working outside that may be one of the issues they do not want to resolve the issue and delaying it further and they keep on troubling my father by creating unnecessary fights.
Below are some of my queries, it would be great if I can get some answers to them:
1. Can we file a court case for distribution of property?
2. Is it possible to file court case for partail property distribution OR it needs to be file for all property at one go?
3. Can i claim monthly rent from our part of property from the possession holders of the shop/property ?
4. Can we file an application before the Municipality that if any application is received regarding transfer of that property then without our permission any transfer does not make ?
Please provide me advise as early as possible.

Regards
Yogesh Kumar

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Devajyoti Barman (Expert) 17 January 2012
1. Yes and it is called Partition Suit.

2. The court would first give Preliminary Decree declaring the amount of shares of the parties to the suit in the suit property.
All the joint property should be included in the partition suit.

3. Yes you can ask for rendition of accounts and the court at the time of grant of decree would pass order regarding distribution of rent.

4.Yes. That apart you can file and pray for Injunction from court in the same suit itself.

s.subramanian (Expert) 17 January 2012
Yes. I fully endorse the view of Mr.Barman.

Devajyoti Barman (Expert) 17 January 2012
Dear Mr Subramanian. nice to see you after a long time.
Hope to see your contributions more often now.

R.Ramachandran (Expert) 17 January 2012
Dear Mr. Barman,
I think Mr. Subramanian is a King in this Forum. Kings are seen only as a 'comet' rarely and not as a commoner!

Guest (Expert) 17 January 2012
your point wise reply as:-

1. yes u can file a court case for distribution of ur property or say "Partition suit"

2. court case for partial property is not fair as "partition suit" will file for the entire property and on the basis of t&C, circumstances the court will pass a decree and allot u ur share.

3. yes u can claim monthly rent or lease or sale ur said property but only after getting decree from the court.

4. yes u can file an application in the municipal corporation there for ur need.

further, need any help feel free to contact me asap.

Manoj kumar
Advocate.
Delhi.
Ph: 09310443650
advocates.agra@gmail.com