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Nishu   17 February 2020

Legal procedure to claim the house property

I would like to know the legal procedure for the instance where house property is registered with my father and uncle' s name. So, there are 3 stake holder for the same property. Currently, my father is managing and maintaining the property, because my uncles are already settled at different place. But, we couldn't do anything on this property as others has equals rights and require everyone consent to do anything on property. And, due to absence or lack of interest of other, we are unable to properly maintain the property. Now, few years back, we tried convincing them to share their ownership, but they are escaping all the time with silly excuses. I would like to know, how should we handle such situation with legal procedure.

The property is almost 40-50 years old and only we are living their from beginning till date. 



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 February 2020

Dear querist,

You have to file partition suit in civil court to get your share.

Regards,

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 February 2020

Your father can get his share only. If other stake holders in this joint property are not cooperative for partition, your father has to approach Court with full facts seeking partition of his share.

Real Soul.... (LEGAL)     17 February 2020

Just file the partition suit and calim maintenance amounts also.

Joy Bose   18 February 2020

Hello,
Your father needs to file a civil suit under the partition Act, 1893. You will need to send a legal notice every other Coparcener of the property i.e. the brother of your brother.

Regards,
Joy Bose

Dr J C Vashista (Advocate)     18 February 2020

Where is the house is located i.e., in "lal dora" / "abadi" area and / or ancestral ?

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

P. Venu (Advocate)     05 March 2020

What is the nature of the property? Is it just a residential building or comprise of land as well?


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