Forceful possession of undivided family immovable property by way of breaking locks by other family members staying in the property.

Very Challenging question of Law. Its rampant in the society. It will be interesting to know what experts suggest.

Lodge FIR u/sec 452&380 IPC for house trespass and theft against your uncle and his sons also you may file civil suit u/sec 6 of Specific Relief Act for possession.

As it is undivided property ,file suit for partiton for half share of property ,issue legal notice ,let they modify or renovate it,don't care about it .

Sir, when i am asking uncle to give me my possession back, my uncle is now demanding interior costs which he has incurred on my possessed part without my permission after breaking my door locks for his official use, he is of the opinion that if i file suit for partition then he will claim interior expenses on my possessed part so that i will not get any share in the property,

Ld. Experts, Please enlight what would be the position if the property is leased hold (Rented)? Can civil suit u/sec 6 of Specific Relief Act for possession still hold good or it should be filed under Section 34 of the Act?

Hello Sir, As it's more of a criminal case and most importantly the non-bailable one, you should lodge an FIR under section 380, 445 & 452 of Indian Penal Code, 1860 respectively against your relatives. And simultaneously file a civil suit for the possession of property u/s 6 of Specific Relief Act, 1963 and for the partition of your undivided property u/s 6 of Hindu Succession Act, 1965. Section 380 deals with the punishment for a person who commits theft in any building, tent or vessel used as a human dwelling, or used for the custody of property. Section 445 deals with when a person effects his entrance into the house by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass. While section 452 applies in case of house-trespass after preparation for hurt, assault or wrongful restraint. Though they only changed the lock but it clearly shows they're refraining you from entering into your property hence it amounts to house-trespass after preparation for wrongful restraint. And as for the improvement or some modifications they've done on your property without your consent, they are not entitled to get reimbursement for that.

Very well analysed, opined, over-explained (for a layman) and advised by experts, I endorse the same where nothing remained to add. It is advisable to consult and engage a local prudent lawyer for better appreciation of facts and professional guidance to proceed.

Yes, you may file criminal and civil action already suggested. By the way, are you the only the legal heir to your father?