My grandfather was one of three brothers who owned a house in Kolkata, where most of our family resides. After my grandfather's marriage, he had four sons and one daughter. My eldest uncle and my father, along with their respective families, moved out of the house after marriage. However, my two other uncles and my father's only sister continued to live in the same paternal house.
Unfortunately, recently, my father, one of my uncles, and my aunt (father's sister) passed away. Currently, only my younger uncle remains in the paternal house. As my sister (the daughter of my father's elder brother) and I are the only heirs to our portion of the property, we are concerned that the other family members residing in the house (belonging to my grandfather's other brother) may attempt to seize our share through forceful means.
Given that I have not been residing there, I would like to ensure that a legally binding document is created, clearly stating our portion of the property. This document should designate my uncle, who is currently living in the house, as the trustee or custodian of the property, with my cousin sister and me as the designated heirs. This arrangement will help prevent the other individuals living in the house from unlawfully occupying our designated rooms.
We made a police complaint, because to which they finally gave us a temporary tin shade room, saying that was the best we deserved.
They also published an ad in the newspaper to sell the house.
As on 26th June, 2024
I have secured an injunction to restrain the other shareholders in this matter.
However, looks like the stakeholders are unmoved by this. As per them, the case will run for 10-15 years and they will keep enjoying the property while me and my mother don't get our rooms.
This is heartbreaking. How do I convince the court to get us a few of the rooms as they are empty and yet being put under lock and key by my uncles instead of letting us use them? Basically asking the court to arrange for a temporary stay in the same house while the court proceedings happen post which we get our proper measured share.
What I want is for the court to mark our share of room and restrain anyone from entering them as otherwise my grandfather's middle brother's family is planning to occupy every room as they are in collision with my 2 uncles who first asked me to pay them to buy out their shares before I can get entry in this house. I am not sure how useful it would be but I have their confession/selling proposal to enter my own house recorded with me. Please suggest
