Mental harassment to vacate house
Sumit Roy
(Querist) 07 November 2014
This query is : Resolved
Hello,
My Name is Sumit. We stay in a joint family. My younger uncle is an advocate and is harassing us to vacate the house. Our house is nearly 200 year old and is a disputed property. My father expired in 2007 and we live in joint family. My younger uncle keeps of harassing me and my mother to vacate the house.
Please suggest us what should we do and if we file a FIR then what should be sections.
ROHIT SHARMA
(Expert) 07 November 2014
1. This house is an ancestral property. Your uncle cannot threaten you to vacate the house.
2. The solution lies is to file a declaratory civil suit seeking ascertainment of your legal rights as being the co-parcerners of such house and at the same time file another application seeking injunction upon such uncle as not to alienate the property and not to restrict your right tom continue to live therein.
ajay sethi
(Expert) 07 November 2014
you cant be forced to vacate house which is ancestral property . issue legal notice to uncle and file suit for partition . obtain injunction restraining uncle from creating third party rights
Rajendra K Goyal
(Expert) 08 November 2014
Your uncle is trying to get the property without full rights. Engage a local lawyer and send him legal notice.
T. Kalaiselvan, Advocate 
(Expert) 13 November 2014
Partition suit with an application for injunction restraining your uncle from making any move to vacate you or interfere in your peaceful possession and enjoyment f the property in your possession till the disposal of the main suit is the only remedy before you for the present.
