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rake (na)     27 May 2012

Illegal possession of our ancestor property all

Hello Sir,

Plz help us from this situation ..... we are residing at Delhi and my father is the eldest in house. My father have four brothers and one sister. They all resisdes at kerala and they all have their own homes. They all have equal right over the grandfather's property. Our grandfather had passed away  in the year 2006 before distributing the property to anyone.After his death, from 2006 no one has been living in that home and no one was given incharge of it.   

But the youngest brother of my father had been trying to acquire the said property. He is trying to posses it illegally.For the past few years all the monotery benefits for the property had been taken by the youngest brother. He had cut down some precious trees and used it for his own purpose without anybody's consent in the family.

We have the original document of this property with us. 

My father is in Delhi and could not reach out to the place for a settlement with him immedialtely. Now father's brother is threating and challenging to acquire the said property all of him with illegal possession. 

How to get a stay order before he posses the property? How to get the property equally distributed among all the brothers? Under what sections of law should be used to charge a complaint against him. Please advise us.  

Thanks.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 May 2012

Dear Querist,

You have the following remedies :-

 

i) File a suit for permanent injunction for stay;

ii) File a suit for rendition of accounts for account of income that proceeded from that land;

iii) Suit for partition to get your share culled out. 


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