Regarding dwelling house
Daulat Ram
(Querist) 09 August 2019
This query is : Resolved
My Father and uncle (Chachu) real brothers purchased an house in the year 1997 in which both are co owners, in the first floor our family is residing and in the ground floor my uncle's family is residing. In the assessment register of Municipality (Nagar Nigam) both there names are registered. In the past 4 years both of them got expired and due to which my ulcle's (chachu) family is making pressure on us to sell the entire house otherwise they will going to sell the ground floor to some unsocial elements which will threaten us and take our share also as till date there is no partition on papers and in the assessment register also still our fathers name is there we have not yet got the property transferred in our names. As my uncle's family started the process to sell his house consequences of which we have filled a civil suit to get the stay but we have not yet got the stay. Still during the case period also they are trying to sell the portion in which they are living is it possible during the pendency of the case as the house is not yet partitioned.
Please help how to tackle this. Our security is at risk.
kavksatyanarayana
(Expert) 09 August 2019
Ji, to me, while a case is in court, it is not advisable to take any action. But you can do one thing that your family and your uncle's (chachu) family may submit compromise petition and then devide the property( house in two floors) by way of partition deed.
P. Venu
(Expert) 10 August 2019
Your advocate could be instructed to expedite the application for stay or you can move an application for Lis Pendens.
Dr J C Vashista
(Expert) 11 August 2019
Being successors of your uncle they (your cousin) have all rights to sell their portion, no one can restrain or stop them selling or transfer of property.
What is the opinion and advise of your lawyer? Have you lost faith in your lawyer? If so, change him/her immediately.
It would be advisable to consult another local prudent lawyer with relevant documents/case file for better appreciation and guidance.
However, if you are located in Delhi/ NCR and feel so, may contact me (on appointment) with case file at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91 98911 52939 or email: majjagdish@yahoo.com
