My uncle is not ready to give share of the property to my father

"now my aunt is filing section 144"!  What is Section 144?

 

She is trying to restrict our entry as we are not residing at the same property. 

Your father should file a suit for partition and also an application for injunction restraining them from alienating the property or encumbering the same in any manner till disposal of the main suit.

Since your father is the joint owner of the property, he do not have to beg them for his share, he can take legal action as per law.

But how much time it will take overall as my father's health condition is not well.

The civil case especially property dispute will take years for disposal but that is helpless,  you have no option than to approach court for remedy if your uncle is adamant. 

Hey, I have read your query and would like to answer it. You can try to resolve the issue amicably before going to the court as court procedures are very lengthy, expensive and time consuming. You can try to agree to a settlement on dividing the property physically or selling it and splitting the proceeds. However, if that does not work for you then you can file a suit for partition. A partition suit is initiated only when the legal notice for partition has been disregarded by the co-owners and the dispute continues.

Partition can be done in a following ways :

A)      By way of partition deed- A legal document is used to formally divide the joint property among co-owners. This needs to be registered and stamped at a sub-registrar office to become legally binding.

B)      By way of filing partition suit- Section 9 of the Partition Act, 1893 empowers the court of law to equally divide the property among the co-owners. This step is advised when one or more co-owner of the property do not agree for partition.

Section 2 of The Partition Act, 1893 empowers the court to order sale of property instead of division, if it appears to be unreasonable or inconvenient to all the shareholder.

Section 9 of The Partitions Act, 1893 empowers the court to make a decree for distribution of part of the property to which the sale of remainder.

If the other co-owner is trying to mutate or sell the property you can file an injunction suit. Injunction is a legal remedy available to to the parties who wish to prevent the other parties from carrying out a certain act. It is a tool that acts a court order which requires a party to do or to cease to be doing certain acts.

Procedure for obtaining an injunction:

·       First step in obtaining an injunction is to file a suit with the appropriate court. The suit shall include all relevant facts and evidence.

·       Plaintiff must file an application for the same, if the court deems it necessary to preserve the status quo until a final decision can be made.

·       Court will issue a notice to the defendant to give them opportunity to respond to the application of injunction.

·       Court will hear arguments from both parties and make decision on whether or not to grant the injunction

·       If court grants injunction the defendant must comply with it or face penalties.

Hope this helps you with your query.

Regards

Parth Chawla