generalpublic (abc) 23 February 2015

How to approach this -partition suit case

sir,

please advise on the below in regards to a partition suit case-

1. hindu family - my dad is eldest..3 brothers and 2 sisters.
2 only 2 brothers alive...dad, grand father and grand mother passed away
3. my other cousins are not interested in approaching for the property..but i dont want to leave my share of this ancestral property
4. ancestral properties - close to 5 houses in the state of tamilnadu.self acquired and inherited by my grand father -all were being enjoyed only by one of the brother.

now,if i had to initiate a partition suit..i dont want to initiate it against the brother who is enjoying it by way of collecting rents for the last 10 yrs, which is like indirectly saying that he is the owner of the property.

So,i want to approach in the manner below

1. file a injunction suit first .so that the brother gets a notice..and cannot sell it
2. send a copy of this injunction to the registrar office so that it shows in EC certificate,if someone wants to buy it
3. put newspaper publication that this property is under dispute.
wait for some time to see if the brother comes for any settlement within family talks

is my above approach right to start this in a soft approach or is there any other better approach. we are not in talking terms and the brother in question is so barbaric in nature ..so cannot approach him for any talk at the very initial stage but i just want to give him a legal threat to start with.

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5 Replies

Dr J C Vashista (Advocate) 23 February 2015

I differ with the proposed strategy to proceed, it is advisable to approach a local lawyer for filing suit for partition and possession with consequential permanent injunction. Once the suit is admitted the court will automatically send notice to all concerned parties/defendants. No publication is necessary, however, if you desire you may publish.

Why do you not prefer for an amicable settlement?

Advocate Ravinder (Advocate/Attorney) 23 February 2015

First you decide what to do, whether you want to claim property or not. If you want to claim property, then raise your queries and what is the relief you want. There is no need to give suggestions to experts. I hope you understand.

generalpublic (abc) 24 February 2015

@vash*tha sir- thanks...we are exhausted with all family talks and the most recent one before a year ago ended up in police station.

@ravindar -by all knowledge, it is a valid truth that the partition suit takes years or even a decade to complete these days and so am just trying to take one step at a time giving a chance for out of court settlement at the early stage if other party prefers something of that sort after the legal proceeding initiation..No need to presume here that I am trying to give suggestion to experts.

T. Kalaiselvan, Advocate (Advocate) 25 February 2015

@Querist : If you have decided what to do why do you ask questions here from experts, You appear to know law and all other things better than anyone so what is making you to a have stop at this junction?, why dont you proceed non-stop as per your own game plan, who is objecting you?

Your idea of injunction suit is not a joke, it will also run for years so dont be under misconception or misguidance by reading more than what you can understand.

Biswanath Roy (Advocate) 27 February 2015

From the given facts what I understood that you want to bathe with shower cap. Well you can do that on your own line as you planned but you shall have to bear procedural obligations relating to partition suit.