Required guidence for disputes in ancestral property
Namrata
(Querist) 25 October 2015
This query is : Resolved
There are brother sister in one family. 2 got married. One sister and brother not married. One brother married. Their father was missing since more than 7 years and death declaration suit is pending in civil court. Out of these 5 brother sister one brother who is married very greedy about property. He want to hold whole property of his father and due to that he is always harassing other sisters and brother by this or by that way. He was forcefully removed one licensee from rented room upon which one sister carry her daily bread butter. The whole property is belongs to their father. He is threatening married sister and her husband through phone. Many NC had filed against him. The chapter case has also been lodged against him and even domestic violence matter filed by one unmarried sister against him. FIR was also lodged against him under Section 457, 454, 341, 448, 504, 506 on 20/2/2015 by the police station but till date no further action taken against him. The police from concerned police station not taking proper action against him and trying to support him. He not even afraid to police. Giving bad words and answers to police. now he is trying to grab all other property one by one by illegal means like fighting, threatening etc. FRI Lodged in feb 2015 but till date police not yet taken further action.what procedure should v follow to presurrise police station to take action on FIR? What will be solution for this ? I require your opinion and guidance. Its my own personal matter.
Guest
(Expert) 26 October 2015
Consult a Local Good Advocate.After Obtaining the Declaration about your Father You should apply for Legal Heir Certificate and go in For Partition Suit.Consult your Advocate and File A Private Complaint in Court to direct the Police to Initiate Action against your brother.You have Not Mentioned about the Property Documents.If it is with that brother Issue an News Paper advt with the Help Of your Advocate stating the details of Legal Heirs Instructing No One Should Deal With It.Handle it with out Tensions
P. Venu
(Expert) 26 October 2015
You may file a suit for partition.
The criminal may be handled on their merits.
Rajendra K Goyal
(Expert) 27 October 2015
File suit for partition. Meet higher police officers regarding criminal complaint.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
First of all get civil dead certificate of your father and after that initiate proceedings for partition before that nobody can claim title to the property that belonged to your father.
Namrata
(Querist) 31 October 2015
thanks to all for your suggestions.
I would also like to ask you that FIR was filed against that brother in feb 2015. but till date no action has been taken by police station officers against him.
He continuously threatening to all brother and sisters for property. Various NC was also lodged and chapter case also filed against him. But he doesnt bother about it. He want to grab whole property by using such methods. Wht to do against him to restrict him from all such non sense?
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
You may report this matter to the higher police official and seek its intervention with a direction to the local police for a speedy investigation and proper legal action. Alternately you can file a petition before judicial magistrate under section 156(3) cr.p.c. seeking direction to local police for necessary action on your complaint.
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