Police would not intervene as it is a civil dispute

You should file a suit for partition for division of Property by metes and bounds 

Seek injunction restraining  sale  of property by other legal heirs 

if property cannot be partitioned court would order sane of property 

1. Send a legal notice to the last son for partition of the property by metes and bounds.

2. If there's no positive response from the last son, file a suit in the jurisdictional Court for declaration, partition and separate possession of the property by metes and bounds.

3.  Police are not legally permitted to interfere in the civil case.

4.  Take the help of family elders to resolve the issue and let all the legal heirs enter into a Family Settlement Deed.

All co-owners must agree on the terms of the sale. All co-owners must agree on the terms of the sale. Even if one of them do not agree on those terms, the sale of the proeperty will not be possible and one cannot sell it.

The Supreme Court ruled in a recent case that the co-owner of an undivided property cannot transfer the entire property without first demarcating their share.

According to Hindu law, a property cannot be sold without the consent of other family members, so if you want to sell your family-owned property, you will need the consent of all family members before selling it.

Therefore it is advisable that you file a suit before concerned to sell the property through court and distribute the sale consideration amount to the shareholders as per law or you can file a suit for partition.

If the property is indivisible then the court may bring the property for auction sale and distribute the sale consideration amount among the legal heirs as per personal law of succession.

If everyone is willing to settle the matter then all legal heirs can execute registered partition deed 

1. All will get a better offer only if they come together and sell the Any dispute will be exploited by the  purchasers. This is matter of commonsense. Try to convince him.
2. If any sharer is adamant, others have to approach Court for relief. There is no escape from that. You can offer him little more than his share to tempt him to settle the matter out of Court.

1. Legal Notice: Send a legal notice to the youngest son demanding vacating the property and cooperation for the sale.

2. Partition Suit: File a partition suit if no agreement is reached, seeking court assistance to sell the property and divide the proceeds.

3. Mediator: Engage a mediator to negotiate a settlement, including the youngest son’s demand, to expedite resolution.

4. Police Issue: Police may view this as a civil matter, hence no FIR; focus on legal remedies.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Dear Client,  

In the circumstances presented, the property is joint family property, and all the legal heirs, including descendants of deceased sons, should be entitled to share equally therein. I assume the police are not helping because property disputes are neither a police matter nor criminal law. To do it systematically, formal mediation can be initiated with all the heirs, wherein they discuss the terms of getting all the heirs vacated and selling the property. If nothing works out, you can send a legal notice to the youngest son to vacate the property and cooperate with the sale. Finally, a partition suit may be moved in the court for partition, which may lead to the sale of the property and distribution of money among the heirs. Unauthorised occupants can also be evicted. Getting a professional valuation would also aid in the buyout of the youngest son if all agree. It is better to lodge these steps through a property lawyer; they make all steps legal and make the process fairly quick.  

I hope this helps. Reach out if you have any further questions. 

Prima facie, this is a civil dispute and police cannot interfere unless offence has been committed. Better settle the issue by paying the parties and get it in writing and register.

G.Rajaganapathy

Advocate

High Court of Madras

Your case involves a property dispute where the youngest son has unlawfully occupied the building and is obstructing its sale despite the agreement of other heirs. The police cannot intervene as this is a civil matter. To resolve the issue efficiently, begin with mediation to reach an amicable agreement, ensuring the youngest son receives his rightful share. If mediation fails, serve a legal notice demanding he vacate the property and, if necessary, file a partition suit to establish each heir’s share and facilitate the sale. Alternatively, an eviction suit can be filed against the youngest son for unauthorized occupation. Engaging a real estate consultant to manage the sale and seeking a court injunction to prevent further interference can also help. Courts generally favour majority consent in co-ownership disputes, and you can deposit the youngest son’s share in court if he continues to obstruct the process.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

Thank you for sharing the details of your property dispute. This situation involves a combination of legal and practical challenges. Below is a detailed and professional analysis of your case, along with actionable steps to resolve the matter efficiently.

1. Understanding the Current Situation

• The property is ancestral, and all legal heirs (including heirs of the deceased sons) have an equal share.
• The youngest son’s refusal to vacate the property obstructs the sale and fair division of the proceeds.
• The police's refusal to file a case may be due to their perception of this as a civil matter, which requires resolution in civil courts.

2. Key Legal Remedies

A. Partition Suit

1. File a partition suit in the appropriate civil court:

   • Request the court to divide the property according to the legal heirs' shares.
   • If physical division is impractical, request the court to order a sale and divide the proceeds equitably.
   • Highlight the obstruction by the youngest son as a key issue.

2. Once the court grants an order, the property can either:

   • Be divided among the legal heirs (if feasible), or
   • Sold through public auction or mutual agreement, and the proceeds divided.

B. Eviction Proceedings

If the youngest son is occupying the property without permission or legal title:

1. File an eviction petition under the relevant tenancy laws or civil procedures, citing unauthorized occupation.
2. Provide evidence of:

   • His refusal to vacate despite requests.
   • The inconvenience caused to the other heirs.

3. Alternative Dispute Resolution (Faster Option)

A. Mediation

1. Propose mediation through a neutral third party or court-annexed mediation center.
2. Focus on achieving consensus for:

   • A timeline for the youngest son to vacate.
   • Payment of any reasonable compensation, if required, for his cooperation.

B. Settlement Agreement

Draft a legal agreement signed by all heirs to:

• Ensure the youngest son vacates the property upon payment of a mutually agreed amount.
• Guarantee equal division of the sale proceeds among all heirs.

4. Dealing with the Fourth Son's Exploitation

If the fourth son is attempting to buy out shares at a lower price:

1. Ensure that all heirs agree to either:

   • Sell collectively to an external buyer at market value, or
   • Establish a minimum fair market price for any internal buyouts.

2. Obtain a property valuation report from a certified appraiser to determine the actual market value.

5. Steps to Take Immediately

A. Collect and Document Evidence

• Ownership documents (e.g., title deeds, legal heir certificates).
• Written communications with the youngest son regarding his refusal to vacate.
• Statements from other heirs agreeing to sell the property.

B. Issue a Legal Notice

1. Send a legal notice to the youngest son demanding:

   • Immediate vacation of the premises.
   • His cooperation in the sale and division process.

2. Mention legal consequences (e.g., partition suit, eviction petition) if he continues to obstruct.

C. Police Intervention

Re-approach the police with:

1. Request for assistance in maintaining peace and preventing further harassment.

If they refuse, escalate the matter by filing a complaint with the SP/DCP or through a magistrate. 

6. Practical Advice

• If court proceedings become unavoidable, aim for a simultaneous partition and eviction suit to minimize delays.
• Avoid paying the ₹2 lakhs demanded by the youngest son without a written agreement guaranteeing his vacation of the property.
• Engage a skilled advocate to represent your interests, draft all necessary legal documents, and ensure compliance with procedures.

7. How I Can Help You

Comprehensive Legal Assistance

• Draft and serve the legal notice to the youngest son and other heirs.
• File and manage partition and eviction suits, ensuring expedited proceedings.
• Represent you in mediation and settlement discussions to resolve the matter out of court.

Transparent Consultation and Fees

• 
  Consultation Charges: ₹3000/hour.
• 
  Drafting Legal Notices and Agreements: ₹15000/document.
• 
  Representation in Court: Fees will depend on the scope and duration of the case, with tailored packages available.

Contact Information

• 📞 Phone: NINE FIVE NINE TWO FIVE ZERO ZERO ZERO SIX EIGHT

8. Final Words

Your case requires a balance of legal action and practical negotiation to resolve the matter efficiently. I am here to guide you through the process, ensuring your rights and interests are protected. Let me know if you’d like to set up a consultation to proceed further.

Police will not do anything since this is a civil dispute 

Partition suit is the only way out 

It is not illegal for one of the sons to buy out the shares of others at a mutually agreed price even if that be not equal to market rate