Property dispute
2 weeks ago
My father is retired from defence including him there are total 3 brothers my father is smallest one ....elder brother don't have any family and middle one has 4 daughters and two son ..all his daughters got married even two sons also got married ...and middle one brother died 3 years back now only my father left with his two sons and both married and staying in city but from childhood we used to visit on n off in hometown now the issue is middle brother elder son not giving half share in house to my father and not giving rights on cultivation field as well they are abusing and not listening to anybody ...what we can do to resolve matter soon can I do police complain ?
It seems that you are talking about the ancestral property herein and if that may be then your father certainly has the right in the same. To exercise his rights your father is required to file a partition suit and get the property divided.
It is also suggested to send a legal notice to your cousin before filing a case in civil court.
Regardless of the character of the property, whether it is an ancestral property or self-acquired property, on the demise of its owners intestate i.e, without a will, all the servicing legal heirs are entitled to an equal share in the said property following the Hindu law of inheritance or succession. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Additionally, you need to file a partition suit before the Civil Court seeking partition of the said undivided property. Reach out to an Advocate for guidance and support.
According to the law of inheritance, property that is undivided for at least four generations constitutes an ancestral property and the coparceners have an equal share in it. In case of a dispute in the joint family property, you can file a suit before the jurisdictional civil court and seek a partition decree. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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