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Forcefully removing legal heirs from a jointly owned property
26-May-2023 (In Property Law)
A portion of a joint property consist of land & building at Kolkata is presently occupied by one of its legal heirs who has been the resident there since his birth. Is it legally possible to remove/up-route him without his consent and give the property for promoting by other legal heirs having majority? Rest of the portion of the property (building & land) is lying free and vacant which may be occupied and used by other legal heirs if they wish as they previously used to do but they want to give it to promoters by forcibly removing the present legal resident. Religion : Hindu
No, legally it is not possible to up route that person and give the property to someone for promoting without his consent. If you have majority, you all together can sent a legal notice through an Advocate to that person to mutually settle the matter and if it is not settled then you all can move to the competent court in order to secure a partition and then only the property of your portion can be given for promoting.
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45+
45+
Adv. Sreemon Bose
Kolkata | 200+ Answers
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No body can remove a legal heir from a property which he is legally possessing. If any force is applied, he can knock the door of the court and if it is urgent then he can file 144 before executive magistrate of local jurisdiction to get quick redressal.
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28+
28+
Adv. Monojit Dutta
Ranaghat | 25+ Answers
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