Issue on combined property
Srinath Avancha
(Querist) 17 May 2015
This query is : Resolved
Hello Experts,
Subject: How to proceed on combined property.
. My Father and Uncle (relation is uncle's wife and my mother are own sisters) combinely bought a plot and constructed home, 15yrs back, documents are registered on both ladies.
. Due to several personal misunderstandings, my father with his own expenses, have renovated property into two halves right from basement, slab to compound wall(this was situation 2years back).
. We are staying in our part for the past 15yrs and on other part, my uncle take rents from tenants.
Now the issues are:
1. My father(had innocently) kept all documents of combined property with him.
2. Not even a XEROX Copy kept with him, but he is very sure property is on the names of both ladies.
3. Uncle have put "House for sale" board on his part, clear that he is trying to sell with out any intimation to us.
4. He is acting rude these days and warning us to leave the property.
5. My father became old now and can not fight back to the current circumstances, so i have to look into this.
Please advice me things like
1. How dare(any chances of doing fraud) he could be doing this illegal activity with out my parents involvement?
2. How can i proactively act to this illegal activity?
3. How can i force him to divide legally first and do what ever he wants after division, with his part?
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
The share holder has to issue notice for partition and then move court with a partition suit.
