Urgent property matter experts advice

Querist : Anonymous (Querist) 24 April 2021 This query is : Resolved
My father and two uncles bought property on the name of all the three in alwar rajasthan.becoz of some disputes one uncle occupied the house and say that u both have given me ur share u both don't have anything in house.my father and uncle filed suit that we have given him as caretaker we have not given any recent consent to him of our shares .the case is going on last ten years recently that uncle diedwho occupied house.what should be do as mutual solution we ask his solution to give us our share but he is not ready it is. advisable to file suit again on him son kindly pls advice .the property is possession with them since 25 yrs

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Advocate Bhartesh goyal (Expert) 25 April 2021
Your father and uncle need not to file fresh suit against legal heirs of your deceased uncle .Right to sue survives against legal heirs of your deceased uncle so in present suit they may be substituted.your case is based on strong facts so don't compromise/settle the matter.

Querist : Anonymous (Querist) 25 April 2021
Means now father and uncle have to file a new suit on their son.the property is in possession of them does in matter .he is trying to sell the property

J K Agrawal (Expert) 25 April 2021
As explained by Ld Goyal Sahib, you need not file a fresh suit. You continue with the old suit and file an application to replace name of sons and daughters of your uncle.

Querist : Anonymous (Querist) 25 April 2021
The deceased uncle has two sons.one of them expired and both the family of brothers are disputed for property so we have replace name to whom the notice will be send

Advocate Bhartesh goyal (Expert) 25 April 2021
No, father and uncle should file application u/order 22 rule 4 cpc to substituted legal heirs of deceased uncle in present pending suit.they need not to file fresh case against legal heirs of deceased uncle.

P. Venu (Expert) 25 April 2021
Yes, take steps to bring legal heirs of the deceased as defendants in place of the deceased.

Querist : Anonymous (Querist) 25 April 2021
Can the son of deceased uncle sell the property without our consent.can we try to take possession with force

Querist : Anonymous (Querist) 02 May 2021
My lawyers said as the case is filed by deceased uncle on u.u can't replace name of his legal heirs on current case u have to file cross case

J K Agrawal (Expert) 02 May 2021
you twisted the entire case. We supposed that your father and one uncle filed suit against the uncle to remove him from occupation. Now you say that uncle who was in illegal occupation of land has filed suit against your father and uncle?

Querist : Anonymous (Querist) 08 September 2021
YES SIR J K AGRAWAL THE DECESED UNCLE IS ONE OF THE THREE OWNERS BUT OCCUPIED WHOLE PROPERTY AND HE ONLY FILLED THE SUIT ON FIRST

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