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Property in name of three brothers

(Querist) 23 September 2021 This query is : Resolved 
IS THERE ANY LAW THE PROPERTY IS NAME OF THREE BROTHERS BUT ONE OF THEM OCCUPY IT FOR LAST 30 YRS TAN HE BECOMES LEGAL OWNER AS THE PROPERTY HAS NAME OF THE THREE BROTHER WAT ACTION OTHER TWO CAN TAKE
kavksatyanarayana (Expert) 23 September 2021
For the last 30 years, why did you keep silent?
sandesh (Querist) 24 September 2021
FROM 2010 CASE IS GOING ON BUT THE UNCLE WHO CLAIM THE PROPERTY TO BE HIS EXPIRED
sandesh (Querist) 24 September 2021
The property is in name of three brothers including my father but one of uncle does not allow my father and uncle their share .h filed suit that property belong to him but still it has name of three of them two mothns back the uncle expired can we get in the property and take force possession as we have all the papers ...kindly guide
SHIRISH PAWAR, 7738990900 (Expert) 24 September 2021
Hello,

You can take forceful possession as the property is still have your father's share. However, it may create other problems or it may lead to other criminal complaints from your uncle's family. You already have appointed an advocate so take your advocate's opinion in the matter.
sandesh (Querist) 24 September 2021
CRIMICAL COMPLAINTS MEANS
WAT CAN THE CHARGES BE LIEVED
P. Venu (Expert) 24 September 2021
How is that the property is in the name of three persons? Is it by inheritance/succession or by joint purchase? Please post complete facts.
sandesh (Querist) 24 September 2021
SIR IT IS JOINTLY PURCHASED DOCUMENTS MENION NAME ALL THREE BROTHERS TILL DATE
P. Venu (Expert) 24 September 2021
Admittedly, the case is pending in the court. As such, any unilateral action on your part would be hasty. Death of the plaintiff does not abate the case. The legal representatives of the deceased plaintiff can apply for getting substituted.

Instruct your advocate to get the matter expedited or approach the High Court under Article 227 and get the directions issued.
sandesh (Querist) 24 September 2021
BUT AFTER THE DEATH OF THE PLANTIFF THERE IS NO ACTION FROM HIS FAMILY
P. Venu (Expert) 25 September 2021
If the legal representatives of the plaintiffs take no action to implead, you may bring it to the notice of the Court and seek appropriate Orders. Once the suit is abated/dismissed for default you may file a suit for partition.

However, in case you made a counterclaim in the proceedings, it could be pursued independent of the abatement/ dismissal.
sandesh (Querist) 25 September 2021
thanks sir but can we take force possesssion of the property


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