house property of deseased

Querist : Anonymous (Querist) 02 April 2010 This query is : Resolved
My father had left beind (along with other things) two houses (same building) when he died without leaving any will. A brother and a sister of mine have occupied them without my permission, in spite of my telling them I need the one of them. I have filed a court case for my share of the properties. Meanwhile the house which was occiped by a tenant has left and my sister has occupied it. If I need to go there is it ok forme to goand stay in the same house? Or do I need permission of my sister/brother to share the house? I am not in good terms with them. Can I take the help of police to enter the house? Or do I need a court order to do it?
Thank you
Meena

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A V Vishal (Expert) 02 April 2010
I suggest you send a lawyer notice and file a suit for partition. Police cannot enter the scene since it is a civil dispute and so the best way is to approach the court. Forcible occupation of the house in which your sister is currently residing may lead to unnecessary complications and further tensions.

Deekshitulu.V.S.R (Expert) 02 April 2010
When you have filed a court case you have to wait for the result and then take delivery thro court. Intervention of police in civil matters is prohibited by High courts as well as apex cpurt.

adv. rajeev ( rajoo ) (Expert) 02 April 2010
Directly file a suit for general partition and seperate possession of 1/3rd share, if your mother is alive she will be also entitled for 1/4th share. Each will get 1/4th share.
You can also claim means profits from your brother and sister because properties are in their possession.
Partition suit will be decreed 3 times.
First Preliminary decree
Second Final Decree proceedings
Third Execution

Raj Kumar Makkad (Expert) 02 April 2010
I do agree with all the experts.

O. Mahalakshmi (Expert) 08 April 2010
All the experts are suggested very good answers so follow them.

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