M Krishna Kumar (Business) 15 May 2021
Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 16 May 2021
1) The dwelling house is the self acquired property of your grandparents by way of purchase.As they did not make and publish any Will,therefore, after their demise their three sons and two daughters became the Owners of that dwelling house,each of them having undivided one fifth share therein. Therefore after the demise of your father (who was the Owner of undivided one fifth share) leaving widow,three daughters and one son,you become entitled to undivided one twenty fifth share in that dwelling house.
2) You can take criminal action for breaking the lock of your room as well as for removal of your goods but as the property is an undivided property,therefore,your younger uncle may refuse to accept your plea that the room is yours.
(3) & (4) As a coparcener having one -twenty fifth share in that dwelling house,it is better for you to file partition Suit for proper allocation of your share in that dwelling house so that your younger uncle can't take undue advantage to commercially exploit the undivided nature of the property.
M Krishna Kumar (Business) 16 May 2021
One of my fathers sister having 20% undivided share in dwelling house has gifted her share to my father before he expired through registered gift deed registered in Registrar office after payment of stamp duty.
1. Will my fathers legal heirs entitles to gifted share,
2. Since my father has 5 legar heirs(wife+3 daughters+me), who will file partition suit
3. Can we invoke Criminal Tresspassing or Housebreaking or Sec 6 of Specific Relief Act, which will be effective
Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 17 May 2021
1) Then your father had 40 % (two fifth ) undivided share in that dwelling house and after his demise his five legal heir and heiresses become the Owners of 40 % (two fifth ) undivided share,having two twenty fifth undivided share each.
2) Any of the coparcener or coparceners can file partition Suit.
3)Criminal matter will give speedy remedy and if you file partition Suit,then you have to specify that you are in possession so Section 6 of The Specific Relief Act, 1963 will not be helpful for you .