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Ak (Student)     18 February 2024

Procedure for senior citizen to get access to their property

1. My mother (aged 70) was awarded title to a particular share in her fathers property in Dehradun by the court and the property is under mutation now.

2. No one is physically staying in the property at the moment.

3. Her nephew (who used to stay there earlier) has put his lock on the main gate and is willing to give her share only when she gets everyone else to the property to take their share. He is refusing to give a handover date and is harassing her by asking us to go to court for her possession.

4. Other parties who were awarded a share by the hon. Court are having disputes within their own families and it is not possible for us to get them aligned.

Q: is there a law which states that one party can get possession only if other shareholders also come? Since the lock on main gate blocks access to my moms share, can we break the lock and get access (the house is guarded by a second lock, which we are not interested in accessing. Mom was awarded the garden portion of the house). Once we access, we want to demarcate as per the courts ruling and build a wall. We want to do this quickly - so would a senior citizen cell (the police) be the right authority or do we need to go to a court? We do now want to extend this into notices and hearings.


 7 Replies

T. Kalaiselvan, Advocate (Advocate)     18 February 2024

The Supreme Court has directed the Trial Courts dealing with partition suits to proceed suo motu with the case soon after passing the preliminary decree."We direct the Trial Courts to list the matter for taking steps under Order XX Rule 18 of the CPC soon after passing of the preliminary decree for partition and separate possession of the property, suo motu and without waiting for a petiton to be filed for final decree by the parties concerned. 

However you can file a final decree petition and for separate possession of your share as per the preliminary decree


Ak (Student)     18 February 2024

Thank you - the court passed a final decree. We now need to enter the property and build a wall to take possession of the allotted part,

kavksatyanarayana (subregistrar/supdt.(retired))     18 February 2024

File an execution petition against the other shareholders for dividing the property and not giving your mother's share to her.

Ak (Student)     18 February 2024

Can we not put a petition for police protection and enter the property? It is her property by law.

kavksatyanarayana (subregistrar/supdt.(retired))     18 February 2024


Ak (Student)     18 February 2024

is there a law which states that one party can get possession only if other shareholders also come?

Read more at: https://www.lawyersclubindia.com/forum/procedure-for-senior-citizen-to-get-access-to-their-property-233008.asp

T. Kalaiselvan, Advocate (Advocate)     18 February 2024

The aggrieved shareholder can approach court of law with a petition seeking relief and remedy in such a situation.

Nobody is above law, hence cannot take into their hands.

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