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Soham Majumder   26 November 2023

Dispute with 2 uncles regarding property

My grandfather was one of three siblings who jointly owned a residence in Kolkata, where the majority of our extended family resides. Following my grandfather's marriage, he and his wife had four sons and one daughter. Subsequent to their marriages, my eldest uncle and my father, along with their respective families, relocated from the shared household. Nonetheless, my two other uncles and my father's sole sister continued to inhabit the ancestral home.

Regrettably, in recent times, my father, one of my uncles, and my aunt (father's sister) have all passed away. Presently, only my younger uncle remains in the family home. The eldest uncle, who had previously moved out with his family, has since claimed and occupied our allocated portion, taking possession of the furnishings. While they initially conveyed that I could visit and stay at the house, my attempts are thwarted as they consistently locked the premises and refused to provide access to any of the rooms.

In light of this, I am compelled to initiate legal proceedings to secure our rightful share of the property, allowing my mother and me to safeguard it with appropriate access controls. However, my uncles are proposing a complete partition of the entire property, a resolution they are well aware is unlikely to materialize during their lifetimes. Given that the property is classified as undivided Hindu property, I seek guidance on a strategy to assert my rightful portion without resorting to the protracted process of selling the entire property, which would involve numerous stakeholders and potentially span an extended period. Your suggestions in this matter would be greatly appreciated.



Learning

 6 Replies

Shashi Dhara   26 November 2023

You issue legal notice for partition and file suit for partition.

Soham Majumder   26 November 2023

Does the property need to have mutation by any chance for us to send the legal notice and file suit for partition? Or that's a straight forward process of sending the notice and doing a GD at the police station?

T. Kalaiselvan, Advocate (Advocate)     26 November 2023

Your father is entitled to a share out of your grandfather's share in that property.

If your father is reported to have died intestate then his share of property shall devolve on his own legal heirs, i.e., you, your siblings and your mother. 

You do not have live at the mercy of your father's brother to inherit your father's share in that property.

You can file a suit for partition and can request the court to divide the property and to allot your share in the property with separate possession. 

Soham Majumder   27 November 2023

But the property is undivided Hindu property (made by my grandfather and his 2 brothers). So siblings from the other 2 sides also stay in the same house. So basically the house has 3 co-owners and my grandfather's share has 3 co-owners, we want to get a share of my grandfather's share.

Dr. J C Vashista (Advocate and Legal Consultant)     27 November 2023

Presumably HUF stands dissolved, move a civil suit for partition and possession of entire properties inherited by you.

Seek professional services of a local prudent lawyer to protect your interest.

Soham Majumder   14 January 2024

Update on this matter:
With the help of police intervention last week, we were able to get possession of an outhouse and a small Indian-style bathroom. However, my uncles are not keen on sharing any of the proper rooms with us. As per them, they needed all the rooms and gave this servant quarter to us a mercy. 

As the next steps, I plan to give them a legal notice on equal part sharing of the property followed by filling for a partition suite with an injunction so that they cannot do any under-the-table deal with other relatives. They even asked me to buy their portion for me to enter the house, which I refused.

Please let me know if any thing I am missing in this matter or should keep in mind while filling the same.

Thanks


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