Legal Question in Civil Litigation in India

Respected Sir,

I am a government employee. My father has two sons, me and my elder brother. My father had bought a house and he died intestate. My mother is alive. We used to live in the house jointly. But recently i got transferred to another work place and so i had moved to that new place. Meanwhile in my absence my brother influenced my mother to gift her share of the house to him and he got registered my mother's share onto his name. Then he had demolished the entire house without consulting me and when i ask him about my share in the property he is threatening me using man power and money power. Now he is trying to sell that entire vacant site without my consent. So Sir i sincerely request you to suggest me what i have to do in this present situation to get my rightful share in my father's property, for which act of kindness i shall be ever grateful to you sir.


Asked on 2/17/10, 4:46 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You need to file a civil suit and obtain an "injunction" against him from selling or raising construction without partition of the property.

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Answered on 2/17/10, 6:38 am
Nandita Haldipur Haldipur Associates

you can file a suit for partiton seeking your share along with applicaiton for injunction to restrain him from putting up construction or alienating the property

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Answered on 2/18/10, 5:17 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

File a suit for partition for your share at respective jurisdiction, excert your legal right properly thro' court of law.

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davanagere - 577 002.

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Answered on 2/22/10, 7:31 am


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