Possession of property Possession of property

5 years ago

This is regarding my father's native home in India.
-> The house was in the name of my father's mother, my grandmother,
-> my grandfather had passed away,
-> my father also has passed away.
-> He has 4 other brothers and a sister.
-> We live outside India.
-> My grandmother has also passed away, she used to live in the house.
The area is surveyed and in land record along with the name of my Father's brothers, my Mother's name has also been added to the property municipality records, since my father has passed away. My father was the eldest in his family.
Now, since my grandmother had passed away, my father's brothers have occupied the place and have rented out the place and taking rent from the property.
We haven't gone inside the house since, but our own house is next to this property. I have the following queries:
(a) is there anything that we could do, so that they cannot sell the house without informing us, since we live outside of India, and visit India only once a year
(b) the rent that they have been consuming for several years now, has to be put forth rightfully towards all the rightful owners of the property
(c) the most important, is there a way to lawfully seal the property until we get our share in the property and how do we approach to get our share legally, considering that we live outside of India.

Religion: Muslim

Any help will be greatly appreciated

Thanks

Manjula Shanmugasundaram

Responded 5 years ago

A.Yes, you need to file a suit for declaration and consequent injunction, also an interlocutory application for interim injunction
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProperty documents
Dear Sir, It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
question iconRight over mother's ancestral property
Dear Sir, You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
question iconTransfer of property to wife after demise of husband
Dear Client, According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
question iconPath to reach home
Dear Client, you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
question iconProperty disputes
Dear Client, Commercial activities in residential areas are impermissible under the law. In the given scenario, serving a legal notice to the owner of the residential house file a mass complaint to...