Dear all,
My grandfather had six sons and he bought a property in 2 eldest sons name including my Father who is 2nd among them in Raebareilly UP. My father moved out the house because of govt job and 5 brothers coninued to dwell there upon. after my grandpa death, the eldest brother wanted 2 sell the house and was forcing others 4 to move out. 2 of the brothers came to my father as he was 50% owner. my father signed on a blank paper and asked them to give in writing top court that he wants the other 4 brother names to be included in the house as they are not financially sound.
the case went on and in 1999 the local court held that upon HUF the it is a HUF and all six brothers are co owners 2 said property and no was be asked 2 leave the house and father was not cross examined.
the copy of order also mentions a deposition by 5 brothers that out of the 6 rooms in the house, one room was s given 2 my father and in his absence it is used as drawing room by all 5 brothers. however over a period of time the son of the elder brother occuied the said room with his wife and children.
in the mean time brother no 4 leased out his property in favor of a stranger for 900 years with Rs150 / year lease rental. the other 4 brothers filed a stay suite against stranger, brother no 2 (my Father) and brother no 4. it is going on
to this my father had no role to play, though he was made an defedant in the above case. and he is not aware of it
again brother no 3 filed a partition suit in honarable civil court of Raibareilly. it is going on
now we came to city and asked for the room with the copy of judgement, which the other brothers have refused despite their deposition and my fathers act out of natural love and affection.
the property is in prime location and family disputes between the brothers are also high as evident in police record books and neighbours. we offered them either to sell the house mutually or do a partition mutually with or without meters or bounds they are linger upon and neither acting for the proposal. we also offer them to sell our portion @ market value. as 3 of the brothers are not finacially well we offered them 2 sell the house at a collective higher price and dwell at some other place.
we also went to kotwali with the order passed in 1999 and application to retreive the possession back to us, but the subjected inspector said he has limited power in civil matters. the other party (brother no 1n his son, brother no 2, and brother no 6) have come upon and they said as the matter of partition is pending before the court they will not be handling over the said portion to us also they brought some lawyers with them who in turn said that the partion is not there and the order of 1999 is not executed. so he asked us to file an appeal in court to execute the order of 1999 to force their parties to give out our portion.. where senior advocate of high guided us saying that Ijraha(execution) of the order was not necessary as it was a order for making the 4 brother co owners of the property where my father is already an owner also it is mentioned in the order that all 5 brother agreed before the court that the room is ours.
now my questions are.....................
- can we enforce the judgement of Court for the ownership claim.
- can we take help of police to bring out the son of the eldest brother who is in my fathers room as per the judgement passed on 1999,
- can we do the partition mutually with a stay suit and partition suite going on.
- do we need to make "stranger" as party to mutually agreed partition..
- can we sell our portion or lease out our portion.
- wat other remedies we have.
regards
Abhishek
