• Property of antiques and cousin staying in house

My grandfather died and left his property to his 3 daughters, one of them my mother. One of them is a bungalow in a posh locality. My cousin, his other grandson and son of my mother's sister. Is living in that house. Now he tries to stop us from coming there. I want to know the legal way if we can stop him from living in tha house. The owners are 3 sisters equally. His own mother is living in a different house and he has taken over and saying he will buy the house from us.It has been 6 months and he has not shown any interest and keeps delaying so we want to know legal options. Another issue are antiques.There are invaluable antique pieces in thee house.However, one piece is not mention ed in the will.It just says movable and immovable to be divided equally.He is trying to take over those also and we want to know how we can divide this.If I just pick up pieces can any of my maasis do anything legally?My cousin said he will buy the share from us but again he has not paid.Grandparents wanted everything to be done equally but my maasi are acting too smart.we just want our equal share.
Asked 3 years ago in Property Law
Religion: Hindu

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19 Answers

kindly send notice to all the coparceners for the partition of the property and then bring a suit of partition. You can search my number from google by my name or get from kanoon.com for detailed consultation on your issue. Short consultation would be free and henceforth if you desire can go for paid.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

A partition suit must be filed against the sisters by your mother. An injunction against your mother's sisters should also be obtained so that they can neither sell the property or the antique furniture/paintings etc. Unless the partition suit is decreed.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Dear Sir/Madam,

You may just file a suit for partition and seek eviction that guy who has occupied illegally. You will win the case. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

-  Send legal notice immediately to stop/not to sell selling any items

 

-  File partition suit

 

-  Take injunction order from court to maintain status quo and entry

 

-  Ask court appointed person to divide antiques and other items.

 

-  He/she can buy your share from court itself. 

Ankur Goel
Advocate, Bangalore
454 Answers

yes, you can ask court to order to him to vacate the property or pay rent which will be divided among all 3 daughters.

 

Ankur Goel
Advocate, Bangalore
454 Answers

As the house belongs to you too you can enter the house and live there. He has no right to evict you. In the meanwhile obtain an injunction so that either all cN live there or nobody can til the final disposal of the case.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes surely he can be evicted by the due procedure of law

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Hello, 

  1. Your mother can move a petition in the court to maintain statusquo and an injunction from any one making any transfer or sale or any transaction to alter the nature of ownership of the property. 
  2. As he is illegally occupying the premise, your mother can fike a police complaint about the unauthorized occupation and seek help to warn him from continued occupation. 
  3. Alternately, your mother should move a petition for appointment of a court commissioner to assess the value of the antiques and make equal division as there is no consensus among the heirs. In the same petition urgent prayer be made to appoint a court receiver to take charge of the property, ordering the removal of the cousin. 

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

Dear Sir/Maam,

1) You should send a legal notice, asking the cousin to stop trying to sell the antiques etc in the house. 

2) File a suit for partition of property among the sisters and injunction against the cousin and other sisters from creating any third party interest in the property and antiques.

Thank you

Anik Miu
Advocate, Bangalore
10395 Answers
121 Consultations

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining aunts and cousins from selling the property and the antiques lying in the house 

 

 

Ajay Sethi
Advocate, Mumbai
97523 Answers
7889 Consultations

Since it is jointly owned property you are at liberty to stay in said bungalow 

 

if your cousin restrains you from entering the bungalow file police complaint against him 

 

make list of antiques lying in the house 

 

Ajay Sethi
Advocate, Mumbai
97523 Answers
7889 Consultations

Your mother is entitled  for an equal share in the properties, both movable and immovable, left behind by your grandfather  who is reported to have died intestate.

You may ask your mother to file a partition suit and demand partition of all the properties and also file an application for granting a temporatry injunction on the same lines restraining your cousin for alienating the properties  in any manner till the disposal of the main suit for partition. 

T Kalaiselvan
Advocate, Vellore
87725 Answers
2357 Consultations

Your mother can plead in the same partition suit to direct the unauthorised occupier i.e., her nephew to pay rent for residing there till the disposal of suit and the same to be disbursed to all the shareholders equally. 

T Kalaiselvan
Advocate, Vellore
87725 Answers
2357 Consultations

As long as joint properties are not divided all legal heirs have common ownership of the such properties. All have access to each property, no legal heir can stop other legal heir from using the joint property. Cousin may by dragging the issue trying the sell the property to third parties, legally he cannot do that but illegally he may sell the property movables and immovable property. When the will says that all will get equal share it means that if a legal heir intends to take movable property of higher value he will compensate the others by making appropriate payments to other legal hiers. File a suit for partition  and separate possession after giving lawyer's notice. Seek stay against sale of movables and immovable property and also seek immediate recording of inventory of movables by an officer of Court to save it from squandering by other legal heirs.Your both questions are answered. 

Ravi Shinde
Advocate, Hyderabad
4431 Answers
42 Consultations

Your mother should immediately file a suit for partition to get her share in the property as per the will, along application for grant of injunction along with interim stay order to restrain your cousin from creating any third party interest or from selling him the antiques or any of the property mentioned in the will.

You can also file an application for appointment of a local commissioner to take the inventory of the estate left behind by your maternal grandfather so that there is no descrepancy in the items later on. 

For any legal assistance in this matter, feel free to contact.

 

Regards,

Siddharth Jain, Adv.

 

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

You can only evict your cousin from the property once the property has been partitioned. In the meantime, you can file a petition for grant to mense profit/rent for your share in the property. Failure to pay mesne profit can be a ground for eviction.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

He can't stop you guys from entering into this house.

 

The antiques are also to be divided amongst all the three sisters.

 

File a partition suit to get these properties divided by metes and bounds in between the three sisters., 

 

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

1. Since your grandfather bequeathed his property to all his 3 daughters all of them have an equal share in the property. Hence, you cannot stop your cousin from living in that property, but your mother too has the right to reside in that property.

2. Your mother can file a suit for permanent injunction to direct your cousin to not to stop her from entering and residing in the property.

3. Further, your mother can also file a suit for partition in the civil court to cull out the separate possession of her share in the property.

4. So far as antiques are concerned, they are also to be divided equally between 3 sisters. Let your mother file a suit for permanent injunction and seek temporary injunction to stop this man from usurping the antiques. Temporary injunction can be granted on the first hearing.

 

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

- As per law, after the death of your grandfather intestate , his property would be devolved upon his legal heirs equally i.e. 3 daughters , and none having right to snatch the share of other without taking consent. 

- Further, all the assets and antiques will be distributed equally as well. 

- Being one of the legal heir , your mother can send a legal notice for getting her share and to stop the use of the same without her right. 

- If no response, then she can file a suit for Partition and Injunction before the court . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

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