Property divided by panchayat but party B not following it
Prem PRAKASH RAI
(Querist) 30 May 2011
This query is : Resolved
There are three brothers Mr A, B & C. The ancestral home was to be divide among these three and they agreed to make decision in front of Panch. Panchayat made the decision and was recorded in written as well. But now Mr B & C are coming together and are trying to take some part of Mr A's property. Mr A complained about the same in police station but nothing happened after that. Son of Mr B is constable in Police and always threatens Mr A of life. Now condition is very very serious and Mr A's family is afraid of its safety. What can be done in this situation.
Please advise.
adv. rajeev ( rajoo )
(Expert) 30 May 2011
First of all the compromise drafted by the panchas it self is invalid because it is not regd., A has to file a suit for declaration and injunction against B & C and in the suit after obtaining the TI he can file complaint. Now police is not at all taking action against B & C. It is better to file complaint before the higher police authorities
Arvind Singh Chauhan
(Expert) 30 May 2011
I do agree with Rajeev Sir, in addition to this he can bring a partition suit.
G.Sundara Rajan
(Expert) 30 May 2011
File a Partition suit. In case of 'B''s son, file a complaint u/s.506 before the local magistrate.
M/s. Y-not legal services
(Expert) 30 May 2011
In tamilnadu police will not interfere with civil disputes. If he try to lodge a complaint under life thread police will think that A is lie. So as per expert's views file a partition suit before the concern court. If life threats continue mean you may approach the police higher officials, still no effect mean file a private complaint before the concern magistrate. Pray to court, that direct the police to register the f.i.r against B, and C.
Prem PRAKASH RAI
(Querist) 30 May 2011
Thanks all for suggestions. I will work accordingly and will seek help of you all if required.
Guest
(Expert) 31 May 2011
Partition suit is best option available left to you.
Panchayat made the decision and was recorded in written as well---But it cant be taken as legal.
Guest
(Expert) 03 June 2011
Agree with experts.
Guest
(Expert) 03 June 2011
Ancentral property has to be shared among all the hiers, which A cannot refuse. The constable, B's son, should not misuse law and act according to the law. If A is not ready to divide property, the case may be filed in court of law for legal partition of ancestral property.
