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Chinna died 30years ago and seetamma died in 2020. they had 2sons, 3daughters. They had ancestral properties, out of some were donated to temples. One of their ancestral house is main worshiping place of village deity since decades all the ritual to deity r being performed from said house only. Local deity was being called and from temple to worshiping house during auspious days and necessary traditional clothes and ornaments were presented to said deity after performing puja, she was brought to worshiping house during ustavas. Prior to death seetamma along with their younger son executed a settlement deed in favour eldest son upon his pressure without consulting other daughters of without the knowledge of grand children. But neither he nor his children contuning the tradition in worshiping, abusing the deity without faith. Now the grand son (Son of Eldest son of chinnayya) restraining the children of his paternal auncle and aunts and legal heirs from entering into said house. And trying to sale another land, joint family property without the consent of other legal heirs. Now the children of younger son of Chinnayya&Seetamma are looking everything of pujas and tranditional performaces of village deity. They need relief to continue the tradition and share in the land, proposed to sell fradulently, which is a joint family property. what steps they have to takewhether they have to file suit in local courts or they can get relief straight from Hight Court by filing writ petitions praying to cancel the deed executed without the consent and knowledge or atleast to avail previlege to enter in to the worshiping house to perform traditional activity to the village deity and as well get share in the disputed property proposed to sell by the grand son of chinnayya (son of Eldest son of Chinnayya)
Question
Chinnayya died 30years ago and seetamma died in 2020. they had 2sons, 3daughters. They had ancestral properties, out of some were donated to temples. One of their ancestral house is main worshiping place of village deity since decades all the ritual to deity r being performed from said house only. Local deity was being called and from temple to worshiping house during auspious days and necessary traditional clothes and ornaments were presented to said deity after performing puja, she was brought to worshiping house during ustavas. Prior to death seetamma along with their younger son executed a settlement deed in favour eldest son upon his pressure without consulting other daughters of without the knowledge of grand children. But neither he nor his children contuning the tradition in worshiping, abusing the deity without faith. Now the grand son (Son of Eldest son of chinnayya) restraining the children of his paternal auncle and aunts and legal heirs from entering into said house. And trying to sale another land, joint family property without the consent of other legal heirs. Now the children of younger son of Chinnayya&Seetamma are looking everything of pujas and tranditional performaces of village deity. They need relief to continue the tradition and share in the land, proposed to sell fradulently, which is a joint family property.
what steps they have to take
whether they have to file suit in local courts or they can get relief straight from Hight Court by filing writ petitions praying to cancel the deed executed without the consent and knowledge or atleast to avail previlege to enter in to the worshiping house to perform traditional activity to the village deity and as well get share in the disputed property proposed to sell by the grand son of chinnayya (son of Eldest son of Chinnayya)
Answer ( 1 )
The first thing to be done is to file a suit for injunction and simultaneously challenge the settlement deed in the court requesting the court to set it aside. Meanwhile a suit for partition of the joint family property can also be filed asking for the worshipping house to come to Chinmaya so that he can continue the family tradition. Feel free to discuss the issue with more detailed facts by contacting on whatsapp/chat for voice consultation.