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Neel (student)     24 December 2008

Really need help from u all..plz reply

sir, with due respect to all i would like to seek your help regarding a problem of a joint property which is on the name of my father and his elder brother i.e. my uncle... since the the last 5 years we are having conflict every now and then because of this partition issue..we have approached my uncle numerous times for a settlement but everytime he has denied of going for a partition ....each time we asked his comment was--" i am not going to divide it at any cost"...as a previous reference i would like to inform u that there was a time( approx. 4 yrs ago) when he tried to sell the whole property on his own without informing us.. but somehow he couldn't do it..but again now since 3 months my father has passed away he is showing an attitude like to supress me and my mother and to get hold of the entire property....some of relatives have suggested me to put court injuction on the 2nd land (*the property includes two adjacent lands purchased at the same time from two different persons on the name of my father and his brother)...recently he is selling out the movable properties like bricks, machineries from the 2nd land without our consent and due to this at times i am getting involved in direct physical conflict with him which i fear may lead to some police case...sir i am student and am persuing my final yr studies..i am completely unaware of the advantages & disadvantages of applying court injunction.so it will be really a great help for me if you can provide me some knowledge about this...

On the other hand sir if i opt for partition suit to the court then as far as i know its a very lengthy process and in some cases it also takes 10-12 years to get a verdict.. so under these circumstances what are the possible ways or remedies that i can take to a get a relatively quicker solution..is there any legal actions that i can take against him in order to create pressure on him so that he agrees for a mutual settlement...

i am really counting on you sir...plz help me out...i don't know whether it is required or not but still mentioning that i am a resident of west bengal....

will be waiting eagerly for ur suggestions & helps...



Learning

 1 Replies

sanjeev murthy desai (Advocate)     24 December 2008

Dear brother,


dont worry, all these things happen in family,


first you should file a complaint against your uncle and to take police protection for your property and your family.


Then you can file a Partition suit along with injuction application to restraning him to alleante the property to others.


Who told you to legal process lenthy process? it will hardly take only with in two years.


Sanjeev desai


 


 


 


 


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