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How to resolve dispute in joint family property


21-Aug-2023 (In Property Law)
 we have a two story house, on the ground floor I and my family lives and on the floor above my uncle and his family live. we are living together for 24 years . from last 10 years my uncle is creating problems like abusing and threatening and was not paying electricity bills . so 7 years ago my father allowed him to take a new connection on his name for that floor. now 2-3 years back and now when i was not at home he and his son beated my father and mother as my father has still not filled a complain against them. now they are saying that they will never vacate the house.as my brother is in army and i work in bank in m.p and my parents live there .House was bought by my father and the property belongs to him and is in his name(my father) it is neither joint nor encestral .if we takes a legal action how much time it will take for us to win and we force the out by any method so that there is no legal action taken against us( they have all the address proof for this address)
Answers (4)

Answer #1
842 votes
You had not specify nature of property I. e whether self earned of your father or ancestral.i am guiding you for both situations hereinbelow: If self earned than file civil suit for possession because your uncle is in capacity of licences. If ancestral.than file a suit for partition. For his criminal act file fir against him.
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Advocate Amit Singh

Adv. Amit Singh

LawRato Jaipur | 100+ Answers
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Answer #2
623 votes
From your query the status of property is not revealing weather it is in the name of your father or it is joint property or it is encestral property which is not partitioned so I am unable to give you perfect advise
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Advocate Dinesh Kumar Garg

Adv. Dinesh Kumar Garg

LawRatoJaipur | 50+ Answers
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Answer #3
785 votes
Firstly its not your ancestoral property therefore he cant ask for any share in this property legally. Secondly there is no question of easement right developed over this property since it doesnt come under its ambit. thirdly, you can go under civil suit for eviction suit and under criminal suit we can file house trespass as well as some other provisions under IPC.
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Advocate Pallav Sharma

Adv. Pallav Sharma

LawRatoJodhpur | 25+ Answers
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Answer #4
631 votes
Such cases normally take long to get decided as there are various points a court has to look into before deciding you can file a vacation suit if your uncle has no legal right in the property you can also decide to sell the house it is a settled law that allowing someone to reside in a house on compassionate ground does not create any legal right you can contact me for further details
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Advocate Nipun Beniwal

Adv. Nipun Beniwal

LawRatoJaipur | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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