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An outsider is going against section 44 of transfer of property act by entering the house thats without partition An outsider is going against section 44 of transfer of property act by entering the house thats without partition

2 years ago

In a joint property ancestral house, on a 3bhk floor on 90% of the floor a family is living and 10% belonged to other family comprising of 1 room and half balcony. The latter sold their share to an outsider without consent or partition of the floor. And the outsider now enters the floor from the common door and obby area which is under the possession of first family which has 90% of the floor. How can the family take legal action against the outsider since there's no partition. and is an outsider. The entire house is a ancestral property . Can somebody please guide whats the procedure since it affects the privacy of the first family. What if the first family doent not open the door and let the outsider enter the floor? can the outsider take action against the family for it??. please note the outsider is a builder who has the keys of the room and have kept some furniture but doent stay there. Its hindu family .

Anik

Responded 2 years ago

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A.Dear Client

As per the facts which have been provided, you can consult an advocate and then file a suit against the outsider in the Court.

Hope this clarifies your query and requirement.

Thank you.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.As the family dwelling house is unpartitioned so the outsider has no legal right to reside therein without claiming Partition through Partition Suit from the competent Court of Law in which the owners of 90% shareholders in that family dwelling house are entitled to pray for purchasing the 10% share.
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a s

Replied 2 years ago

in this how can the family doesn't allow the outsider to enter the floor? whats the procedure for the family to complain

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