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aditya gupta (.....)     18 September 2015

Unlawful possession and threat by family member in joint pro

  1. That my father Late Mr.Gupta acquired the aforementioned property in the year 1977 and had been residing there along with me and two brothers of mine(my eldest brother) and my elder brother).
  2. My father lived in the 2nd floor, and used utilised approximately 400sq ft of area and that he passed away on 16/01/2015.
  3. That after the death of my father, all his belongings and property was passed on to his legal heirs.
  4. Thereafter, a dissent arose with regard to the division, distribution and partition of the common property and efforts were and still are being made to settle the matter amicably. If the efforts do not bear any fruit then the dispute shall culminate into a Suit for Partition.
  5. However, my elder brother  along with his wife have been covetous of the aforementioned property of my father, Late Mr.Gupta, and have been, I am ashamed to say, causing damage to the property of my late father and also intimidating us.
  6. Moreover, Wife of elder brother, went to the extent of threatening to suicide and causing us grevious harm and blame me and family in a concocted suicide note if a lion’s share of the property is not handed over to her and her family.
  7. Recently on 18/9/2015, Elder Brother has threatened Eldest brother and me that if the disputed property where our father Late Gupta use to live is not handed over to his unlawful possession then he will, cause grevious hurt to both the property and us but using forceful activity barred by law. He has been influenced to take all these illegal steps under the influence of  his close relative and resides elsewhere.
  8. Moreover, my elder bother has also threatened us to agree to his demand for partition of the common kitchen, in order to provide him with 1/3 of its whole area and thus against the wishes of me and other family members. As we have rejected his demands, so he has again warned us that he will use unauthorised force for meeting his unlawful demands and will take the unlawful possession the property mentioned above.

PLEASE SUGGEST ME A WAY OUT.



Learning

 1 Replies

sagar bhatt   19 September 2015

hi.. sorry for family problems. according to me.. try to take a chance to agree ur brothers for Valuing the disputed properties... and distribute the share in cash... n in three of u.. two brothers leave and find a peaceful new home with ur Share... if nobody is agree .. then u can institute the suit for partition and pray for stay for not to disturb in possession and also complain if necessary... many vways . but try to talk .. best luck...

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