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Suraj Kumar (Manager)     15 July 2019

Obstruction to enter my premises

Sir, My mother died on 2016 and leaving behind one properly and three ancestors: my father, my brother and me. Before the death of my mother, I was constructed three accommodation on 1/3 of the land and used by talents. My brother constructed house in balance 2/3 part of the land. After death of my mother my brother try to capture whole land by vacating all three talents by using abusive language and locking entrance gate of the land. Now all the three tanents under my area vacate the premises. This act by my brother causes daily quarrying and threatening by my brother to me. This causes financial hardship as rental income is becomes nil. My father is living with me and silent in this matter. Sir, Please guide me.Now it is very difficult to run my family. Can I prayed before court to give copensationto me from my brother for obstruction to tanents to my premises ? Can I prayed before court / police station for keeping peace and helping me to use my premises to use for rent ? My financial condition detoriates very faster. Please guide me step by step.

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 July 2019

File a partition suit in civil courts. 

A partition deed for a property is executed to divide the property among different people - usually among the family members. 

A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him. 

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.

G.L.N. Prasad (Retired employee.)     16 July 2019

The 'talents" used by both the brothers in Hindu law is not known.

Obtain approved plans from Municipality/Corporation, contact an advocate and file the suit with a permanent injunction against your brother's efforts if you have such easement rights enjoyed.

Go for a simple solution that is not costly.

jeyabalan62 (engineer)     31 December 2020

Sir, I own a residential plot for the past 14 years and I purchased from my relative with all documents in order. A local municipal councilor is creating nuisance and threatening from doing anything on that land. He has also told the local people to spread  rumor of "pending court case" to discourage prospective buyers. Please guide me how to proceed with this matter.

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