One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me with a complex family property dispute involving an ancestral building in Area X. The G+3 structure had been jointly inherited by four siblings, but Mr.Y, the eldest brother, had been solely managing the property for over two decades. He had been collecting monthly rent of approximately Rs. 1.6 lakhs from various tenants and had registered all rental agreements exclusively in his name. The property generated income from both residential and commercial tenants, with Mr.Y’s own family business also occupying a portion. The other siblings – Mr.Z, Ms.A, and Ms.B – had received no share of the rental income despite being equal co-owners. When they demanded their rightful share and sought partition of the property, Mr.Y refused, claiming exclusive rights due to his management role. The situation escalated when Mr.Y threatened to evict family members and change locks, prompting the filing of a partition suit with an application for interim rent relief.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

File for interim relief immediately to ensure continued access to property and rental income. Document all rental agreements, property documents, and financial records showing rental collections. Seek appointment of a court receiver to manage rental income during litigation. Consider mediation or family settlement before proceeding with full partition to save time and costs.

Applicable Sections of Law

Partition suits are governed by the Partition Act, 1893, and Hindu Succession Act, 1956. Under BNS Section 318 (criminal breach of trust), wrongfully retaining rental income constitutes an offense. BNSS Section 35 allows for interim orders during pending litigation. Section 2 of the Partition Act grants equal rights to all co-owners for partition. The Hindu Succession Act recognizes equal inheritance rights of all legal heirs in ancestral property, making unilateral control legally untenable.

If You Are the Complainant

• Gather all property documents proving joint ownership and your inheritance rights
• Collect evidence of rental income including bank statements and tenant records
• File partition suit along with application for interim relief and appointment of receiver
• Document any threats or attempts to exclude you from property access
• Maintain detailed records of all rental agreements and property expenses claimed by controlling sibling

If You Are the Victim

• Immediately file for protection against any attempts to change locks or evict you
• Demand written accounts of all rental income collected over the years
• Seek interim maintenance from rental income pending final partition
• Document any commercial use by the controlling party’s family business
• Apply for court-appointed valuation of property for fair partition

How the Police Behave in Such Cases

Police generally treat property partition disputes as civil matters and may be reluctant to register criminal complaints. However, if threats, intimidation, or forceful eviction attempts occur, they must act under BNSS provisions. Officers often suggest mediation first but will investigate if criminal breach of trust or threatening behavior is reported with proper evidence.

FAQs People Normally Have

Can one sibling control entire ancestral property? No, all legal heirs have equal rights unless there’s a valid will or settlement deed.

Is managing property for years sufficient to claim exclusive ownership? Management alone doesn’t create exclusive ownership rights; all co-owners remain entitled to their shares.

What happens to rental income during partition proceedings? Court may appoint a receiver to collect and distribute rental income among all co-owners.

Can partition be avoided? Yes, through family settlement agreements or one party buying out others’ shares.

What Evidence Is Required?

• Original property documents showing joint ownership or inheritance
• Rental agreements and tenant payment records
• Bank statements showing rental deposits
• Property tax receipts and maintenance records
• Witness statements from tenants and family members
• Property valuation reports
• Documentation of any improvements made to property

How Long Will the Investigation Take?

Partition suits typically take 2-5 years depending on court workload and case complexity. Interim relief applications are usually decided within 2-3 months. Property valuation and receiver appointment may take 6-8 months. Final settlement depends on cooperation between parties and whether appeals are filed against lower court decisions.

Advocate Sudhir Rao, Supreme Court of India