Hello Sir,
My Grandfather and Grandmother jointly purchased a dwelling house for residence, They both expired without will leaving behind 3 sons and 2 daughters, One of son being my Father expired in 2015 leaving behind his wife, 3 daughters and 1 son being myself, for work i with my family shifted to other city. My younger uncle has broken lock and entered my rooms in which i was having possession, removed my belongings and done interior and given it to rent to third parties for commercial purpose without written rent agreement and receiving rent in cash, he is showing that he has not given it on rent rather he is a partner with third parties and taking share of profit by name of rent in cash.
1. What is the nature of property (dwelling house) since my Grandmother is a Joint Owner? is it ancestral or Joint Hindu Family Property
2. Can we take Criminal action against my younger uncle for breaking lock and entering my rooms?
3. How to deal with third parties who have taken my room on rent by my Younger Uncle?
4. Am i coparencer in this property?
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.
