ashu (sales) 07 November 2011

Suit for partition- breaking the lock and takeing over the

My father has filed a suit for partition in 2004 and it has reached the stage of cross examination there is stay granated by the honable court against any transfer and elienation in the property( in favour of us). now my grand mother who did not alow the partion to happen among his children is one of the defendants and is main hurdle in family settlement. she is staying in the ground floor with us in one room and we ocuppy the rest of the entire ground floor. she plans to move up on the first floor soon.

once she moves up on first floor, can i break open the lock of her room and take over the posession. before she gives the posession of the room to her somebody (who is also a major hurdle in family settlement).

what are the legal complications.? can she register a police complaint against me. will the court support this for the purpose of settlement?

thanks

ravi

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2 Replies

sridhar pasumarthy (ADVOCATE) 07 November 2011

Dear Ashu,

Don't take such type of hasty steps.

It appears that the first floor is not in occupation of anybody. In such a case, you ask your lawyer to file an application for appointment of a reciever and to manage the said property I.e. to auction lease hold rights and to collect and deposit the monthly rents before the court. So, that you can protect the property from getting wasted or damaged etc.

ashu (sales) 07 November 2011

could you please tell me what action my grand mother can take if i break the lock and take up possession?

and how can i stop my grandmother from giving the posession of the room on ground floor to some one else in order to make sure that they dont disturb the peace and privacy in my house.