Bhani Athreya (service) 18 October 2014

Property protection

Hello Learned professionals...

Regarding My Father's share of property which he received by way registered partition deed of 1958. My father received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C who died in 1969.)

They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are married have family & children.

Now a few months back, we approached both my uncle-A & my uncle-B family to clear the title of the deed which is jointly held by my father and deceased unmarried brother. Though we offered a decent amount, SOME of the family members of uncles want to sell the property. We don't want to sell the ancestral house as my mom and brothers are emotionally attached to it. we are staying in the house for the last 50 years or so... They had not approached us so far for any share, we only offered decent settlement.

Any way while we expect to settle the issue amicably, we foresee a delay of one or two years in settling the issue with discussions.

We plan to have annual maintenance or renovation of the house before next monsoon. If we start do repairs, can anyone stop us by a stay order or injunction.

Or should we take some precaution from a court or police station before starting work?

Please guide us

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5 Replies

Advocate Ravinder (Advocate/Attorney) 18 October 2014

This is ancestral property. Hence, as much as you have right in the property, your uncles family will also has the same right in the properties. Though you have sentiments of having living from decades in the property, to sort the dispute you have to sell few properties. They can object for renovation of the properties. In view of the above, it is better to file a partition suit, if there is no amicable understanding between you. The property disputes are very complicated. It is unable to explain everything here. Contact me for further opinion in this regard to 7893011777 or ravinder2345@gmail.com.

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Bhani Athreya (service) 18 October 2014

Hearty thanks, respected expert Sri. Ravinder ji

So as suggested by you we will discuss in my family regarding filing partition suit, if an amicable solution is not coming.

By the way sir how long it would take to get a decree if one files a partition suit form lower court to apex court?

What would be the approximate legal expenses, professional expenses?

T. Kalaiselvan, Advocate (Advocate) 19 October 2014

You can go ahead with your plans for annual maintenance, renovations and minor repairs. If you anticipate any injunction against you for such acts, you may file a caveat petition in advance against the prospective litigants so that your program cannot be disrupted. Do not go to police station, they have nothing to do with the civil issues except to eat your money illegally.

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Bhani Athreya (service) 20 October 2014

my sincere Thanks to learned Expert Sri Kalaiselven Ji...

My Sincere Diwali Wishes sir !!!

T. Kalaiselvan, Advocate (Advocate) 20 October 2014

You are welcome for your appreciations, I wish you too a very happy and prosperous diwali and the seasons to to follow.