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BHi all,
I’m seeking legal advice regarding an ongoing property dispute between my mother and her sister after the demise of their father (my grandfather). There was no will left behind, so by law, the property was to be equally divided between the two daughters (50/50). However, the situation has become extremely hostile and stressful for my parents, especially my mother.
Here’s what has happened so far:
My aunt has unlawfully occupied one portion of the property.
She has changed all the locks and refuses to allow my mother or any of us inside.
She has installed CCTV cameras and hired a private security guard.
In the initial months, she even hired local rowdies to block our entry. She gave them a room to stay in and was paying them to act as enforcers.
Police were called, but unfortunately, they seem to have been bribed or influenced by her and are not taking any action.
While she has verbally agreed to sell the property and divide the money, she refuses to allow any potential buyers to see the place if they are brought by my parents.
She also refuses to let my mother collect rent from tenants in the property.
She is well aware that my parents are going through a financially difficult period, and appears to be doing everything she can to make the situation harder for them.
We are at a loss. This entire situation is causing immense stress and seems blatantly illegal, but we don’t know what legal options are realistically available to us.
What we need help with:
1. What is the best legal course of action we can take to ensure my mother gets her rightful share?
2. Is there a way to force the sale of the property or legally prevent her from blocking buyers?
3. How do we deal with her using intimidation and apparent police influence?
4. Is filing a civil suit the only way, or are there other immediate remedies or protections we can seek?
We would really appreciate any guidance on how to move forward legally and safely. Thank you for reading, and thank you in advance for any help you can offer.
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Dfile a suit for partition along with a prayer for injunction and also a an urgent application for temporary injunction.
the injunction is so that aunt cannot do any changes in the property and the property has to be status quo till the pendency of the suit.
partition suit, the court will determine the share of each person and grant partition and will partition the property with metes and bound if possible, however if the property is not divisible by metes and bounds then the court will order the sale of the same.
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