Ashish Ghosh
Asked February 18, 2017

House made inaccessible by elder brother

  • 1 Answer
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Myself, Ashish Ghosh, 2nd son of Late Kripamoy Ghosh & Late Juthika Ghosh lived in along with my elder brother (Ashok Ghosh) in the house made by my late father in 1974 at Behala Sarsuna under Kolkata Municipal Corporation (Ward No. 127). Both my parents passed away (father – 2004 & mother 2012) without making any will or separation / distribution of their property among us (we have no sisters). In our house there are Five (5) rooms. In the ground floor, three (3) rooms, dining, kitchen with toilet and in the first floor two rooms with asbestos shed with kitchen and toilets but no dining room. One of my unmarried aunt (Ms. Chhaya Ghosh) was living with our family and she also died last month. She does not have any claim or legal hires in our property. Please note, at the last days of my mother (Juthika Ghosh) and when it was needed to hospitalise her, I had to hand over all the entire ornaments of my mother to my elder brother (Ashok Ghosh) in presence of my mother, my aunt, myself, my wife, my elder brother and his wife, which he promised to refund 50% of the ornaments as my stake immediately after treatments but denied to refund the same afterwards (I had prepared the list of ornaments but was unable to get it signed by him). My aunt lived in my adjoining room and as she passed way, my elder brother locked that room and at present, he occupies four (4) out of five (5) rooms in our house illegally. My elder brother staying in first floor and locked two rooms in the ground floor. Moreover, both the main entrance gate and first floor gate of our house are also locked and key is with my elder brother and he denied access. I am living in a single room with some portion of the dining with kitchen and toilets in the ground floor with my wife and daughter (2.4 years) in distress condition. What should I do at this point of time? I belong to lower middle income group.

Answer 1

Sir, you and your brother are the most immediate legal heirs of your father. Hence as per the Hindu Succession Act you both will be class 1 heirs. This property is the right of both brothers and must be distributed in due accordance of section 8 of the said act. Thus, you have to institute a suit for partition under Section 9 of the Civil Procedure Code before a Court of Civil Jurisdiction.

Once suit if filed the court will make an enquiry and partition the share of both the brothers as per Hindu Customs and provisions contained in section 8 of the Act. Partition matters are very complex, it is advised that you avail the services of an expert who can be reached through the following link:

http://lawfarm.in/legal_cases/new

 

 

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