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Father's brothers not allowing to stay in joint house


08-Jan-2023 (In Family Law)
My father r 4 brother ....we have a joint big house in village in Allahabad... My 3 uncle r not allowing us to reside in that home ....after my grandfather death ....house must have to be divided in equal share among 4 ...but 3 uncle r not ready and occupied fully we cannot use and stay in it ...what legal action can I take to get and use my share in house as early as possible ....sir I have heard about kurebandi ..what is it plz explain
Answers (5)

Answer #1
681 votes
If their is no will and their is a dispute then an ancestral house be divided between family members through partition suit. Kurebandi means proceedings before the sdm for partition of agriculture land. In your case their is a dispute between Family members so u hv to move civil court
Answer #2
670 votes
What is the ground on which your uncles are not allowing you to reside in the house owned by your grandfather? Were you or your father ever living in that house? You can file a suit for partition of the property to claim your share if it is not being given to you.
Answer #3
638 votes
As per your description, it is clear that the house which your are mentioning, is your ancestral house initially owned by your grandfather, and after his death his surviving sons, daughters and wife or other legal heir, are entitled to live and own the house equally. Your uncles have no right to enjoy its possession and ownership solely. You can file a partition suit before competent civil court of your district with full hope of success.
Answer #4
979 votes
Kurebandi is making of share of each claimant but it is relevant for agriculture land. For residential property you must file suit for partition of ancestral house. you file a civil suit for partition in district court.
Answer #5
571 votes
You r not mention here that your grandfater 's will you can file a suit of declaration in civil court and you can also immediately complaint to police or SP otherwise complaint to a judicial magistrate rest depends on your documents

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