Legal Question in Real Estate Law in India

Problem with my uncle for joint property

I live in joint family with my mother and three sisters and

with my uncle families in one house having onefifth share of house.I use one badroom, mainhall,kitchen &other general things for last ten years,but my uncle wants to takeover my share so he fights withus and specks bad words to my family and he thrates us that if we dont live the house hewould do anything and he does not late me use the mainhall and says that it is a general property and as I mentioned that I have been using the manihall past ten years and taking care of it now he says that if I would use main hall he would lock itup,and as there is no writen proof that who has how much portion of the property the one who uses the parts of of the property will be count as his share in the house so now he wants the mainhall so that it could be his share so as I mentioned above he fightes and thrates us so please help me and show me the right path to get back position of the manihall and other parts which I had been using for last ten years


Asked on 10/22/04, 4:48 am

3 Answers from Attorneys
Mohit Suri Mlegal: The International law firm in India

Re: Problem with my uncle for joint property

The title of the property will have to be considered before I tell you exactly how to proceed.

As far as threats and abuse is concerned you can file a complaint with the local police station or file a complaint case in the court.

In addition you can file a suit for injuction againt your uncle and get an order from the court restraining him from locking the premnises or preventing its use by you.

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Answered on 10/23/04, 3:40 am
D. M. Bhalla D.M LAW CHAMBER

Re: Problem with my uncle for joint property

Your share in the property is undivided as you stated. The share of the property has not been speicied so you all are co-sharers in the property hence all are equally owners of the property in issue. For getting a declaration of the ownership of the title in a particular portion you have to divide the said property either by a memo of understanding and relinquishment deed or by a decree of the court by filing a case. As far as the threats of your uncle is concerned the same can be met out with case in court and police complaints against it. The police complaint is not a final measure for the problem, but only as a first aid, which will not yeild any thing to you. So, it is adviced that you should file a case in court for partition, declaration and injunction in court. For any further querry feel free to contact me.

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Answered on 10/23/04, 4:47 am
Vivek Mapara Mapara Law Firm

Re: Problem with my uncle for joint property

Dear Sir,

As per you mentioned - it doesnt seem exactly clear that actually underwhose title the property belongs, or there has been any family settlemeent before or not. So for this title papers of the property has to be seen a cogent answer cannot be given, or before consultation

However, if considering part of your ownership of house, you can file a partition suit for declaration and possession of you part of property, along with an injunction relief so as not to make your uncle interfere with your possession.

Furthermore for the time being u can apply for police aid or can make an application u/s 145 of CRPC to protect ur possession or can even seek an injunction suit in court against such threat.

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Answered on 10/25/04, 3:26 pm


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