We live in a house built by my grandfather out of his own funds in Kolkata. Though my grandfather had made a Will yet it was not probated by my father and his siblings but instead they chose to make a Family Settlement (unregistered) and were staying thus in allotted portions for 30+ years. The allotted portions were more or less as per the Will and my father got the biggest portion as the Will had stated.
Now after my father's death ( my mother had died earlier), my father's allotted portions in the premises came to me and my sister and we are the only two direct siblings. But unfortunately my sister has taken forceful possession of the majority of my father's allotted portions leaving only a very small portion for me and my family. She has also taken possession of the majority of the movable assets as well. She has used various people whom I do not want to name here to achieve her ends.
I was also literally forced to sign an Agreement (unregistered) where I had stated that that she would receive the portions which she has now under her possession, but there were also other clauses which have remained unfulfilled from her side. Therefore firstly this Agreement was made under extreme duress and even then it had failed to get off the ground as many clauses have remained unfulfilled.
I do not want to get into a partition suit as some had suggested because firstly there is a possibility that my father's allotted portions might become less if partition suit is entered into. And secondly the other shareholders of this building (besides me and my sister) from my father's siblings side want to sell off their portions to real estate promoters and so a partition suit would give them an opportunity which they have been waiting for to sell off their shares as soon as partition would be over. In that case it would be impossible to stay on in this building fighting with these land sharks. In fact my cousins have already started a partition suit and I am planning to oppose it.
Recently my sister has got married and she is presently staying at her in-laws keeping the majority of my father's allotments in the buildings locked up while I scarcely have any space to stay.
Therefore my question is what are the different ways I might be able to get possession of at least 50% of my father's allotment in the premises and his other movable assets without going into a partition suit?
