sir,
please advise on the below in regards to a partition suit case-
1. hindu family - my dad is eldest..3 brothers and 2 sisters.
2 only 2 brothers alive...dad, grand father and grand mother passed away
3. my other cousins are not interested in approaching for the property..but i dont want to leave my share of this ancestral property
4. ancestral properties - close to 5 houses in the state of tamilnadu.self acquired and inherited by my grand father -all were being enjoyed only by one of the brother.
now,if i had to initiate a partition suit..i dont want to initiate it against the brother who is enjoying it by way of collecting rents for the last 10 yrs, which is like indirectly saying that he is the owner of the property.
So,i want to approach in the manner below
1. file a injunction suit first .so that the brother gets a notice..and cannot sell it
2. send a copy of this injunction to the registrar office so that it shows in EC certificate,if someone wants to buy it
3. put newspaper publication that this property is under dispute.
wait for some time to see if the brother comes for any settlement within family talks
is my above approach right to start this in a soft approach or is there any other better approach. we are not in talking terms and the brother in question is so barbaric in nature ..so cannot approach him for any talk at the very initial stage but i just want to give him a legal threat to start with.