Property in name of three brothers

sandesh (Querist) 06 September 2021 This query is : Resolved
my father and two of his brothers purchased property in alwar rajasthan the property is in the name of all the three.one of my uncle hold the possession of the property he does not allow to enter in the premises he had been fighting case from last 10 yrs with him currently the uncle expired who was fighting case with us. he has two son one of his deceased the property has been locked .what shall we do to get our right our advocate suggest u get in to premisies breaking the clock he suggest u dnt file for case first. the deceased uncles son will files the case. so wat if he does not file the case first wat can we do kindly guide as the best possible option

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This discussion concerns a property jointly owned by three brothers, where one brother has taken exclusive possession and denied access to the others. Following the death of the uncle who was involved in a decade-long legal battle, the situation is complicated. The legal advice suggests that attempting to forcibly enter the property could be considered trespassing, even with ownership papers. The best course of action may involve filing a new suit for partition to secure a division and possession of the rightful share, especially if the previous case has abated due to the defendant's death.

sandesh (Querist) 06 September 2021
WE HAVE ALL THE PAPERS OF THE PROPERTY WITH US

SHIRISH PAWAR, 7738990900 (Expert) 06 September 2021
Hello,

You have already filed cases so without knowing about the grounds of the case it is difficult to say anything. However, you are one of the co-owner of the property so you should get entry into the property.

sandesh (Querist) 06 September 2021
CASES HAS BEEN GOING ON BUT DUE TO THE DEATH OF THE UNCLE IT STOPPED WHAT GROUNDS U NEED TO KNOW WE HAVE ALL THE PAPAERS OF THE HOUSE AND IT HAS NAME OF THREE BROTHERS

sandesh (Querist) 06 September 2021
SHOULD I INFORM POLICE PRIOR TO TAKING ENTER IN THE HOUSE

kavksatyanarayana (Expert) 06 September 2021
Why did your uncle and after your uncle, his son fighting the case? Why are the cases going on? You have not stated the full facts.

sandesh (Querist) 07 September 2021
WE WERE FIGHTING THE CASE BECUSE HE IS NOT GIVING OTHER TWO BROTHERS THERE SHARE.HE EXPIERED CURRENTLY CASE IS NOT GOING ON

T. Kalaiselvan, Advocate (Expert) 07 September 2021
If your deceased uncle had filed this cae and has not been followed by his LRs, then the case stands abated/dismissed for non prosecution.
In that case you can file a suit for partition and seek proper division with separate possession of your legitimate share in that property.
If the case was filed by your father then he has to take steps to implead the legal representatives of the deceased defendant.
You cannot take action to break open the lock on your own especially without the permission of court while a litigation is pending.
That will be termed as a criminal offence/trespass.

sandesh (Querist) 08 September 2021
But sir T. Kalaiselvan, but the peopwrty has all the three names including my father how it can be tresspass i hhave property papers as the uncle deceased there is no case continue

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