Dear Sir/s,
I am from State of Maharashtra of Dist Thane ( Now it is Palghar Dist ) We have Two house of my grand Father, dead interstate without leaving any will or Documents, after his death name of my Father and Two uncles added in the Property Card, they are all died interstate without leaving any will or Documents ( except single unstamped Paper executed and witnessed in the year 1981. Now in one of the 1st Big House We and other Uncles family was residing. In other 2nd house rest of my uncle’s family has occupied, now they are not in India and are at USA and have locked the door and not allowing using it to any of us though it is in Joint Name.
In the 1st Big House in which we both uncles heirs and family were residing together for long time and still now but due to employment purpose we have shifted to Mumbai and none of my father heirs including my brothers family or myself are residing in the said home. However my one of the cousin have occupied the entire 1st Big House leaving a first floor small part for our use and are not allowing us to enjoy staying their raising some conflicts and objection. I have my mother having age of 85 years to whom they are not allowing to stay at our small first floor space. On her occupying the said part and residing there they harassing her , abusing and threatening her giving invalid reason or its existence, blaming for The said cousin is using the entire house and running a small Industry of Steel Utensil buffing work he also build one room for the said business without any permission of our all the legal heirs of the property including his own younger brother. And forcing us to maintain the house and spent the money for maintenance of the house though it is not in our use except in his own use. he even repaired renovated maximum part of the house without our permission on the ground of leakage rainy problems etc enjoying use by himself .
We have one family partition paper on simple paper without stamp executed in 1981 which was signed by my father, one of my other uncle and demise of my other uncle both his son signed the paper and it was in presence of entire family and is witnessed by Two witnesses who had signed the said paper but now both are died. Whether the said paper is effective for devidation of property and to which authority we can approach for our getting our share, who has power to give order or take action to separate the house amongst Two of our Family.
As per the above dividation of both the house is to be divided amongst us (heirs) but physically it is not parted yet. One of our 1st Big House entirely occupied by my one of the cousin leaving small part on first floor of the house, however my Other Cousin have occupied the 2nd House possessed by his family but not using, he locked it and left for USA.
Now we are deprived of our Right of use of House were we are supposed to stay with our cousin who is not ready to dived the house and part with us 50 % of the property not his own 50% part of the property sharing with his own younger brother.
Though the Both houses are physically possessed by our cousin the name of all the uncles and their legal heirs names are in both house Property Card and in 7/12 extract.
Can you advise us how we can proceed for dividation what is the remedy if one our cousin is not sharing the house and not ready to give us liberty to use the house and other necessary things like bath Room , Toilets commonly.
Except these Two cousins who have occupied the houses all other heirs including our sisters , Cousin Sisters and one of my cousin is ready for dividation and to signed the document whichever is required for giving effect to the above said paper executed in 1981.
Pl. let me know the proceedings to be initiated to obtained our rights and interest in the property, whether 1981 executed paper is valid for our claim. How we get divide those house and who has the power to issue the order in the matter. (Collector and or Nayab Tahsildar of the village and /or District.)
Your co-operation is highly solicited.
Thanking you,
Dinesh Rana
9076545812
