Personal Propety Dispute

Querist : Anonymous (Querist) 30 November 2010 This query is : Resolved
my father and his elder sister have been given a house each on the same piece of land as per my late grandfather's registered will. The rest of the areas ( front lawn, drive ways on either side of the houses) have not been specifically given to either of them. My father's elder sister has banned our entry to these areas by locking the doors and constructing a wall. Further she has put her portion of the house on rent. As a result, we are denied free access to our electricity metre box. The property is yet to be mutated in the name of my father and his elder sister.

How can we go about gaining access to the drive way and metre box by taking a legal recourse?

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adv. rajeev ( rajoo ) (Expert) 30 November 2010
File a suit for permanent injunction and file an interrium application for TI order.

s.subramanian (Expert) 30 November 2010
you have to seek mandatory injunction also for demolishing the wall put up by her illegally

s.subramanian (Expert) 30 November 2010
It has to contain a prayer for declaratory relief also without which your suit may fail.

Kirti Kar Tripathi (Expert) 30 November 2010
agree

Surrender K Singal (Expert) 30 November 2010
Legal recourse may be resorted to after calling her to Mediation Centre for her to understand the basics

Devajyoti Barman (Expert) 30 November 2010
yes

niranjan (Expert) 30 November 2010
Alongwith declaration you should also ask for possession and free access to the property.

Uma parameswaran (Expert) 30 November 2010
If it is not mentioned in the WILL then that portion shall be considered as common to both persons.Send a legal notice first.

Sri Vijayan.A (Expert) 30 November 2010
I agree with Mr.Subramanian

Y V Vishweshwar Rao (Expert) 30 November 2010

I agree with Uma Parameshwaran !

The House is given in two parts, to persons and the rest of the open place /Drive way and other facilities not mentioned in the Will are required to the Houses to enjoy , the same is deemed to be provided as per the intention of the Will Deed . The Property is given to enjoy , but one can not deprive the other beneficiary of the Will Deed .

Querist : Anonymous (Querist) 01 December 2010
Respected all, thank you for all your inputs. I would also like to know if we can create objection to her putting the 'common area' on rent along with her house without taking permission from us.

@ Mr. Surrender K Singhal: My Father's sister is not ready to come to the mediation centre despite of our repeated efforts. Thus we plan to take legal recourse to be able to bring her across the table.

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