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Author Topic: IMP - PLEASE HELP - Severe Dispute in Ancestral Property  (Read 207 times)

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Offline killthemyth

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IMP - PLEASE HELP - Severe Dispute in Ancestral Property
« on: August 23, 2018, 01:55:49 AM »
Hi,

My grandfather passed away last year and my father brother has refused the division of property and currently occupied all of them. Moreover, for the rent purpose he started doing construction.

Please note my ancestral property is in different city.

What can we do in following order:
1. My father brother family is not well off. Having the court stay will ultimately force them to come to conclusion of division of property. We can wait for more than > 5yrs which will ultimately force them to conclude the deal as their bread and butter depends on it. Our motto here is we want compromise with minimal court proceeding without involving police.
2. Full blown court case. We fear it will take lot of time, effort and money for the same. We don't have time and effort for the same. Moreover, we cannot hop in to ancestral cities each time when case proceeding is going on as my father health is not good and I'm staying in far off places.

Please suggest on how we should proceed.

Thanks a lot

Offline advkartik

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Re: IMP - PLEASE HELP - Severe Dispute in Ancestral Property
« Reply #1 on: August 23, 2018, 08:02:32 PM »
resolve it through mediation, you can apply for pre litigation mediation

Offline advjaibansal

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Re: IMP - PLEASE HELP - Severe Dispute in Ancestral Property
« Reply #2 on: August 24, 2018, 07:21:14 PM »
yes, you can go for pre litigation mediation.

If this is not working then you may file suit for partition along with injunction. As constructions is going on, you may first file the suit take stay from the court on the on going construction then get the matter referred from  the court to mediation. this is better solution under your situation.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
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