Partition of property sandesh

sandesh khandelwal (Querist) 07 November 2017 This query is : Resolved
my father and two brothers own a property in alwar rajasthan one brother occupied the whole property (house) he has signed on behalf of them all signature are fake the case in court dates are only given .he owns the house for 28 yrs but still the house is on the name three brother he is not ready to come to any solution. can we forcefully get into the house what can he do so the papers are on our name.we have house papers court has put stay on sale of property

what are the other measures we can take

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Rajendra K Goyal (Expert) 07 November 2017
What type of case is pending from such a long time?

Can file case mense profit from the property.

Forced entry not advised, it may result complications.

sandesh khandelwal (Querist) 07 November 2017
what type of complications as we have name in the property we are the owner

sandesh khandelwal (Querist) 07 November 2017
we are owners if we have two share on other side . y cant we take entry forcefully all the signature proved fake and he is always absent from court proceddings ,kindly help what we can do in this matter .my uncle transfer his share to me then we have majority of two share.court orders stay on sale. i think he too cannot sale it?

Adv. Yogen Kakade (Expert) 08 November 2017
If you think that your uncle has executed documents with the help of making fake signatures, then it is a serious crime. Have you initiated criminal proceedings against your uncle?
It is the court to decide whether you are the owner of the property or not. And until getting the order from the court you cannot forcefully possess the property. You can try, but it shall be treated as trespass. Take a help of good lawyer to help you.

sandesh khandelwal (Querist) 08 November 2017
we have documents in all three names how can it be treated as trepass we have majority share

Rajendra K Goyal (Expert) 08 November 2017
Case is pending in court, your ownership is challenged, wait for the decision.

sandesh khandelwal (Querist) 10 November 2017
require more opinion from experts on this case pls help

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