URGENT RESPONSE PLEASE!!!!
Querist :
Anonymous
(Querist) 06 May 2010
This query is : Resolved
Kindly guide me in the following matter:
There is one family property. The land was purchased by my father. Ground floor and first floor were constructed by him and second and third floor were constructed by me and my brother. My father has expired and has left no will. Mother is also no more. We are four succssors to the property: Elder sister, Elder Brother, myself and younger brother. Being harassed by the son and daughter-in-law of the elder brother, myself and younger brother have decided to shift to other house of our own. Sister is already living in her own house. We suspect that if we leave the house in sole possession of elder brother, his son and daughter in law, the latter two may resort to unlawful activity such as forcefully occupying our portions or selling or renting the entire property. Kindly guide how we (sister, myself and younger brother) can protect our rights and prevent the others from harming them. There is single entrance to the property. Can the relatives of eldest brother put their exclusive lock preventing the entrance of remaining three successors? There has been no formal division of the property and we are living there as a matter of convinience for past 20 years occupying the same portions throughout. Entire property is occupied by we three brothers and our families. The sister does not have earmarked portions nor she is occupying any portion as yet though she is willing to exert her right as a successor.
It must be bought to your notice that formal division of the said property is not possible as elder brother is not prepared to sign. Also, a case has been lodged against me and my younger brother by elder brothers son in another family property matter. In that also, elder brother has refused to sign or take any interest.
R.R. KRISHNAA
(Expert) 06 May 2010
Partition is the best remedy for your problem.
Send a legal notice.
Querist :
Anonymous
(Querist) 07 May 2010
thank you for your reply. But as informed earlier, the eldest brother in not ready to sign the partition agreement. We are having good realtion with him and we don't want to go against him in the court.
