You have to file suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by uncle
3) you have no option but to file case as uncle is refusing to arrive at an amicable settlement
Both brothers have the 50-50% ownership over the property. They were living completely separately with their respective family in the front and the back portion of the house without any partition deed, it was verbally mutually decided. While the house entry is from the front only because there are other houses on the left, right and back. Now i am the son of the younger brother who is unfortunately dead and my family is living in the backside. We have no access to the roof and the gate is only 1. And there are a lot of issues living in the backside. Now the problem is, My father's brother is a completely irresponsible person and he thinks he owns the house and only he can make decisions. Even though I own 50% of the house he won't even listen to me. First we mutually decided to sell the house, He wanted to arrange all things by himself only because he is the elder, and I was okay with that at that time. But 3 years passed and not a single buyer came. I introduced to him 1 buyer and he went mad saying that "i have talked to some big parties and let me handle this" i said okay. Another 3 months passed. Then I introduced him to another buyer. And this time he went super crazy and even started to say curse words to the buyer. This guy has no respect towards any person. We don't like them (My father's elder brother and their family) and we don't trust them. This is totally unfair and I want my separate half portion 50% in vertical (because the entry can be made from front) so I can build my new house. Now, I don't want to file a court case because it will take a lot of time and resources. How can I convince an irresponsible person who is in debt and has not earned a single rupee in his life ? The only reason I don't want to file a case is that he has no money. His house is running on my grandmother's pension and she lives with them and takes their side only. According to her, this irresponsible mad guy is the saviour of humanity. I have a succession certificate and the death certificate of my father ready. I have verified registry papers from tehsil. The house was built by my grandfather who died 20 years ago. The old registry has the name of my grandfather. Now my father and his brother have their name on the freehold document for equally right over property. They didn't try for a new registry of the house because it was too costly. I have checked with the lawyers and they say that it's no problem. This freehold document is enough.
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You have to file suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by uncle
3) you have no option but to file case as uncle is refusing to arrive at an amicable settlement
Dear Sir
If your uncle refuses to amicably settle this issue, you must file an injunction with the court preventing him from selling the property.
Also file a partition suit to divide the property and gain possession of your share.
Thank you
The property originally belonged to your grandfather and after his intestate death, the same devolved on his legal heirs which includes your grandmother also.
Therefore your claim that your father and his brother are the only owners of the property is legally incorrect.
If you take any legal action against your uncle then your grandmother who is living with your uncle shall also come into the picture with her legitimate claim for her rightful share in the property.
However without approaching court of law you cannot get any solution to solve this problem especially with the given fact that your uncle is reluctant and unwilling to go for a proper partition or joint sale of the property.
You may first issue a legal notice on your behalf and other legal heirs of your deceased father to your paternal uncle to divide the property and to allot your rightful share in the property.
If you have registered free hold document you can do mutation in records. Secondly you can also sell without legal partition your share if you have succession certificate.
- Legally your uncle cannot claim full right over the property .
- Since, your fathers name is registered in the free hold document , then legally he is entitled to get half share
- Your father can issue a legal notice to his brother for partitioning the property by metes and bounds.
- If no response, then he can file a Partition suit with Injunction before the court , for getting his share and to restrained your uncle to sell the property .