property division for peace and security

Dear Sir,

My mother(74 years), me, my elder unmarried brother, my unmarried younger sister and father (79 years, retd. railway employee) stay in my father's two-storied house. Ist floor was completely built by me 10-15 years ago. Due to continuous abuse, physical and mental torture to me and my mother by my brother and sister for last 3~4 years after discussion with a local advocate me alongwith my parents are residing in 1st floor and other two members are residing in ground floor. But there is no partition allowed by my father even after advice given by advocate. Nor even he is ready to make partition deed. Almost all furnitures of our parents are given to my brother and sister by my father. My brother and sister wants either we have to obey them or to leave house. Since house is owned by my father my mother or me has no right to claim in this house. They are also not agreeable to advocate's advice of homely partition.

In this condition everyday me and my mother are being harassed by my brother and sister in presence of my father. Me and my mother are not allowed to enter in gnd floor, Once I was also slept by sleeper by my sister for entering there. We have notified to Local PS, Chairman of Municipality, Human Rights Commission. But there is no fruitful result so far. Situation is like that house alongwith all furnitures are only of my father, brother and sister.

Please advice (1) whether I can claim 1st floor legally and stay with my parents there. (2) whether partition in

1st floor and gnd floor can be provided to stop movements here is 1st floor.

Please tell us how to stay in peace here and I can save my mother from this tortures


Nirmalendu Devsharma

Baidyabati, Hooghly

West Bengal

M - 09331092044


You have not stated whether the property in question is an ancestral property or a self-acquired property of your father. If it is an ancestral property you are entitled for partition. If it is a elf-acquired property of your father, you ask refund money you have invested to built the house as you have said. In either case, your mother is having right to live with your father in a dignified manner. In case of any torture or cruelty, your mother can seek remedy through court of law. Since, your family members not agreeable to your family Advocate's advice, why should you wait to initiate appropriate legal course of action. You may engage an Advocate to plead your case. 



Dear Sir,

My father is 80 years old, we are four two brothers and two sisters, my father is having an old house built before 20 years with land.   Entire land with house measures  117 x 26 ft.  My father decided to share his property to us (4 childrens).   Earlier to this incident, my mothers property was gifted to our younger brother after her demise.  Now my younger brother also getting included in this property share of my father.  We want to live peacefully  Kindly help us to share the above property.







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