Legal heir not getting access to father property

Advocate

One of the legal heirs is been prevented from accessing father' s property after the demise of his father. Elder brother has locked the door and flew away. So isn't that a crime? Under what section of IPC he can be charged for criminal offense? How the criminal procedure can be started against him? Or what remedy the younger brother has to enter the house?

 
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Hello,

Other legal heirs can file suit for partition in the civil court. As per my opinion, criminal action against the elder brother is not possible as it is a civil dispute. 


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Retired Manager

I do not think it attracts Criminal Law.  The legal heir may consult a competent and reliable Lawyer and get a legal notice issued to the person preventing him from accessing the father's property, seeking partition of the property.


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Advocate

Can he w

Originally posted by : SHIRISH PAWAR, 7738990900
Hello,

Other legal heirs can file suit for partition in the civil court. As per my opinion, criminal action against the elder brother is not possible as it is a civil dispute. 

Can he wrongfully restrain other heir to enter the property? Doesn't it amount to IPC 339

 
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Retired employee.

A litigant always wants remedy.  Focus on permanent remedy as police may not involve themselves in civil issues.  The property is not in your name, and the brother is a Trustee, and you can only exercise your rights and remedy through Civil litigation only.


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