Free legal Advice - lawyers Forum

Legal service India => Property laws => Topic started by: tej on March 15, 2016, 01:02:19 AM

Title: Property Partition Problem
Post by: tej on March 15, 2016, 01:02:19 AM
Hello., I am greatly worried about our problem. My grandfather had bought an Home in city and Village. Also an shop in city. He expired in 2000. These all property are registered on my grand father's name. My grandfather has 4 sons and 2 daughter. Daughter are married. Now my father [Elder from 4 sons] was came to city before some year. All 4 sons are businessmen. My father came to city with out taking money  from village. Now after coming to city my daddy bought an shop by his name. So it's registered as my daddy's name. And money was given from village's money. Now my daddy don't have any proof that he has also an shares from the village's money. We want the partition but other brothers  not doing. They are fighting,shouting and giving mental pressure. They also punch my daddy. Given very bad words in front of my mom. I have some recording of his bad words that they given.
I have question that what should we do.
Also i want to ask that Should my daddy get shares from the village's money??
My daddy has  shop so in partition My daddy need to put it for partition???

Please reply we are so worried. They all  made an plan and not doing partition and doing many bad things to us.
What we do that is best for us?
Title: Re: Property Partition Problem
Post by: rajgopal sripathi on March 15, 2016, 05:44:54 AM
Hi
Your father needs to file for suit for partition in the court or you can file for partition as grand son.
your father will be entitled to 1/6th share of all of the properties(including village properties) owned by your grand father.
you should also file a police complaint against your uncle's right away . if police do not register the complaint, file a complaint in the court only.
your daddy's shop need not be put in partition.
Title: Re: Property Partition Problem
Post by: tej on March 15, 2016, 08:00:54 AM
Thanks SO much Sir for answering. I want to know that If we file a  suit for partition in the court and If they are not ready for partition then also it will be compulsory for them to do this?
Please reply this. It will be your great help..
Title: Re: Property Partition Problem
Post by: rajgopal sripathi on March 15, 2016, 10:02:09 PM
Hi
Once you file the suit for partition, notices will be issued through court to your uncle's.
Your uncle's have no option other than to attend the court proceedings. If they dont attend the proceedings, the matter will be decided ex-parte and they will not have any rights whatsoever so provided by legal system. (example- they cant go on appeal, they cant contest the suits etc)
we can also ask the court at the time of submitting the plaint to provide you and your family members police protection till the disposal of suit.