Legal Question in Civil Rights Law in India

Sir, years ago, my grandfather lived in a small plot with his family (a wife and his 5 children). My father was the eldest child. After the death of my grandfather, 4 children were settled somewhere else and only my father remained. After some years, my father built a 4 storeyed building on the same plot and gave it to tenants and all of us are living in different floors of the same building as well. Now, my father's siblings are back and want their share of property. However, We have a paid a lot for this building and during the construction, we had asked them also but they refused to pay a single penny and till date, they havent. But, now they want their share of property. We are really finding it very difficult and are stressed out. Please help. Thank you. They have filed a case under the act of 1908, order 39, rules 1 and 2, section 151 of the code of civil procedure. Please reply early at your convinience. Thank You.


Asked on 3/23/10, 2:00 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

They are entitled to their share in the property. It would have been better to avoid litigation and settle the matter amicably. Your family (your father and his children) are liable to compensate to all legal heirs as they are co-sharers in the property. Even at this stage it may be better to settle the matter out of court.

However, there is nothing to worry about the Order 39 R 1 & 2 Application as no interim relief is likely to be given to them except that they may get an injunction restraining you from disposing of the property.

You will need to engage a local lawyer for handling the case.

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Answered on 3/23/10, 3:40 pm


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