Seek help in partition of property


Dear Sirs,

My grandfather had built a house in 1930in  Hyderabad and had died in 1960, after writing a will (Unregistered ) favouring  2 of his sons my father and my uncle, My uncle had died in 1982 and my father and my auntie(father's brother's wife) had partitioned the house (again unregisterd deed) but was signed by all the grand children. My auntie also died in 2010; My father who is still alive entered into an agreement with a builder to get it developed and accordignly asked my cousins(father's brother's children) also to be part of the development agreement. All of us have agreed in principle to give it to one developer selected by my father.Acordingly before signing the development deed with the builder on good faith he offered an alternate flat one to my father and another to my cousins until the development of property is completed. Now my own sister is not vacting the ancestral property, inorder to demolish it and give it to builder. What are the options to vacate my sister inspiite of my father offering her equal share in my grandfather' s propery. As she is threatening my father how do we tackle her, she is unmarried. Please advise.

 
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Advocate

 

The correct legal position is as follows.

Since your grandfather had passed away leaving behind a will, your father and uncle become absolute owners as a result of that will. you have mentioned a proper partition has taken place between your uncle family and your father. 

 

The owners of this property are 1) your father 2) your uncles family.

your sister has no right in this property as your father is alive and it is wrong to call this property ancestral property. your father has every right to do whatever he wishes to do with his share of the property.

 

The legal solution to your problem is to seek evictment of your sister through court. Only issue is that , if you appraoch courts it may take some time until an eviction order is passed. The best solution is to explain to her that she has no right in the property and a fair share will be given to her after you complete the construction.


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Dear Sirs,

Thank you for your kind reply. I also seek your guidance in evicting my sister from the property. Since the house is more than 80 years old and in a dilapidated condition, GHMC has issued eviction notices to the inhabitants in 2011 and hence My father and my cousins have also shifted out of this property into the flats offered by the builder, but my sister is refusing to vacate and is delaying the construction of flats since 2011. can we use this eviction notices of GHMC and request the local police to help us in evicting my sister from the premises, with out going to court, since it may take a long time.

 
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Advocate

you cannot use police to evict your sister from the premises .This is a civil case and the police have no jurisdiction to evict a person. However  you can approach the court to seek eviction of your sister by furnishing proof that a previous eviction notice was issued by GHMC and that your sister is refusing to comply with the orders of GHMC and that the building is not safe for habitation. The court may take this into consideration and pass suitable orders. 

 
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