If you are stuck in such a situation, here is what to do.

Mr. Alok Verma found himself in a challenging position following the demise of his father, Mr. Dinesh Verma, in 2019. After his father’s passing while visiting him in Pune, Alok, his mother, and his younger brother, Sameer, were declared the legal heirs. His late father was the owner of three valuable properties in a city named Anandnagar, along with life insurance policies and shares in various companies. The family cars were sold, with the proceeds being used by his mother and Sameer to settle outstanding loans.

In a gesture of goodwill during the succession proceedings, Alok relinquished his rights to the insurance money and company shares in favour of his mother to simplify the transfer process. The three properties included a commercial complex, a residential tower developed with a builder, and a large farmhouse with over two bighas of land. These properties generate a substantial rental income, estimated to be over ₹3.5 lakhs per month. However, a significant portion of this income, especially from temporary shops on the farmhouse land, is collected in cash and allegedly remains undeclared for tax purposes.

All financial matters and property documents are exclusively controlled by Alok’s mother and brother. They provide Alok with a monthly sum of ₹40,000 from the family income. While all three live together in the family farmhouse, Alok feels sidelined. His brother was permitted to use funds from the rental income to expand his living quarters, but Alok’s similar request was denied. For nearly seven years, no accounts of the rental income have been shared with him.

Alok suspects his mother and brother are attempting to transfer the properties into their names without his full consent, having obtained his signatures on some applications under unclear pretenses. A major point of contention is the impending sale of the residential tower. Alok has been informed he will receive a 33.33% share, while his mother and brother will collectively take 66.66%. Feeling cheated of his rightful inheritance, Alok wishes to secure proper accounts, have his name included in the mutation records for all properties, and demand an equal share in the properties and their income.

Advice in such cases

• Gather all possible documentation related to the properties, your father’s death, and your status as a legal heir. This includes death certificates, property deeds, and any past legal documents.
• Document every interaction with your family members regarding the property. Keep records of payments received and requests made for accounts or your share.
• Do not sign any documents without understanding their full legal implications. If you are presented with papers, insist on having your own legal counsel review them first.
• 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 of 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

Applicable Sections of Law

Such disputes are primarily governed by civil laws. The key statutes include:

• The Hindu Succession Act, 1956: This Act governs the succession and inheritance of property. As a Class I legal heir, Alok has an equal right to his father’s properties as his mother and brother.
• The Partition Act, 1893: This law provides the procedures for the partition of jointly owned immovable property. It allows a co-owner to file a suit for partition and also gives the court the power to order a sale of the property if it cannot be reasonably divided.
• The Code of Civil Procedure, 1908 (CPC): This code lays down the procedure for all civil suits in India, including partition suits. Provisions for interim relief, such as an injunction to stop the sale of property, are contained within the CPC.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): While the matter is civil, if elements of criminal activity like forgery of documents, criminal breach of trust, or threats are involved, relevant provisions of the Bharatiya Nyaya Sanhita (BNS) can be invoked, and the procedure would be governed by the BNSS.

If you are the complainant

• The first formal step is to send a detailed legal notice through a lawyer to the other co-owners. This notice should clearly state your claims, list your demands (e.g., partition, rendition of accounts), and provide a specific timeframe for compliance.
• If the legal notice does not result in a resolution, the next step is to file a suit for partition and rendition of accounts in the appropriate civil court that has jurisdiction over the properties.
• In your suit, you can also file an application for an interim injunction to prevent the other parties from selling, transferring, or creating any third-party rights over the properties until the case is decided.
• 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 of 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

If you are the victim

If you are in a position like Alok’s, you are a victim of being deprived of your legal rights. Your course of action is to assert these rights legally.

• Preserve your safety and well-being. If there are threats or intimidation, you may need to report them to the police.
• Act swiftly to protect your interests. Delay can sometimes be detrimental, especially if the other parties are actively trying to dispose of the assets.
• Avoid emotional confrontations that could escalate the situation. Let your legal counsel handle communications.
• 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 of 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

How the police behave in such cases

The police generally have a limited role in property disputes between family members, as these are considered civil matters. They will not intervene to divide property or settle financial claims. Their involvement is warranted only if a specific criminal offence is alleged and supported by evidence. This could include criminal intimidation, assault, forgery of property documents, or criminal misappropriation of property. In most cases, the police will advise the parties to approach the civil court for resolution.

FAQs people normally have

How can I enforce my demands for a share and accounts?
You can enforce your demands by filing a civil suit for partition, possession, and rendition of accounts. The court can examine the evidence and pass a decree ordering the division of properties and compelling the other party to provide a full account of the income generated from them.

What can I do to stop the sale of a joint property?
You can file a partition suit and, along with it, an application for a temporary injunction under Order 39 of the Code of Civil Procedure, 1908. If the court is convinced that the property is at risk of being sold, it can pass an order restraining your family members from selling or creating any charge on the property until the suit is finally decided.

Would serving an advocate’s notice work, at this stage?
Yes, a legal notice is a crucial and highly recommended first step. It formalizes your claim, shows your intent to pursue legal remedies, and often brings the other party to the negotiation table. It also serves as a mandatory precursor for filing a suit in some cases.

Would filing a partition suit be a viable legal option?
A partition suit is the most appropriate and viable legal remedy in this situation. It is the direct legal path to getting your defined share in the joint family properties.

Can the court order a sale of the property and divide the proceeds?
Yes. Under the Partition Act, 1893, if the court finds that the property cannot be reasonably and conveniently divided among the co-owners, it has the power to order a sale of the property and distribute the proceeds among the heirs according to their respective shares.

Can I explore interim relief for an urgent sale?
While a final sale is ordered at the end of the suit, you can seek interim relief. However, an “urgent sale” during the pendency of the suit is uncommon. The focus of interim relief is typically on preserving the property (status quo) rather than disposing of it. The final decree for partition is passed under Order 20 Rule 18 of the CPC, which can include directions for sale if needed.

Would a writ proceeding work to escalate the matter?
No, a writ petition before the High Court or Supreme Court is generally not maintainable for resolving private property disputes between individuals. Writs are filed to enforce fundamental rights against the State or its instrumentalities, not for disputes of a civil nature between private parties.

What evidence is required?

• Proof of relationship with the deceased (Birth Certificate, etc.).
• Death certificate of the late father.
• Legal heirship or succession certificate.
• Title deeds and other documents of all the properties (sale deeds, mutation records, property tax receipts).
• Any existing bank statements showing the credit of rental income or the monthly payments made to you.
• Any written communication (letters, emails, text messages) with your mother and brother regarding the properties or finances.
• Photographs or other evidence of the properties, including the unauthorized constructions.
• Details of the succession case where you relinquished your rights to insurance and shares.

How long will the investigation take?

In a civil suit like this, there is no “investigation” in the criminal sense. The process is one of “adjudication” by the court, which involves filing of pleadings, submission of evidence, examination of witnesses, and arguments. A contested partition suit can be a lengthy process and may take several years to reach a final conclusion, depending on the complexity of the case, the number of properties involved, and the caseload of the court.

Advocate Sudhir Rao, Supreme Court of India