• Uncle is denying to give share in shop - what to do

My father has 3 brothers . My father has 1 elder brother lets call him uncle 1 and rest two are being the youngest callikg them uncle 3 & uncle 4 respectively. We were having a big shop which includes two shops . After a dispute we divided our shop in two, one shop among two. My father along with uncle 1 seperated from uncle 3 & uncle 4.
When for the first time we first bought the shop it was registered on the name of two uncles i.e uncle 1 and uncle 3 (my father is no.2). So after seperation one part which was on name of uncle 3 was give to unlce 3 & unlce 4 . The part of shop which came between my father and uncle 1 was registered on name of uncle 1. Now due to many problem between uncle 1 and my father we decided to confess my uncle that we also have a part in shop. But to my utter surprise he denied to accept this on stamp paper. Now he is not interested in giving any part of the shop. What i can do for my father in this situation. He is torturing us and also giving threat to leave the shop else he will use legally to throw us out of the shop. What can i do in this situation . My father use to pay all the bills related to shop. But when it came to share the shop, he is not interested.
Asked 7 years ago in Property Law
Religion: Muslim

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6 Answers

1) what is source of funds for buying shop in name of uncle 1

2) if shop was bought out of joint family funds your father can file suit for partition for division of shop by metes and bounds

3) seek injunction restraining uncle from disturbing your joint possession of shop premise s

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Since the shop was registered in the name of incle 1 he ahs rightly refused to part with its share with your father.

It was great folly on your part when at the time of division of shops your father did not register his name in the shop.

2. The nst things could have been done was to make an amicable deed pf partition and divide the proeprty among the uncles as described in the deed itself.

3. However since your uncle is not honouring the verbal arrangements you can refuse to vacate the shop and enjoy it till he filing a civil suit manages to evict you therefrom.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) if shop was bought out of family funds then uncle is mere trustee for shop bought in his name .

2) your father has share in property

3) you have to prove the allegations made in suit

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Then you do not have remedy except to inger your possession iver the shop room.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Under the given situation your father has no option than to file for partition and separate possession of his rightful share in the property.

If the partition among brothers was on a stamp paper then it can be challenged in the court of law.

In fact the partition and registration of property on one individual's name alone without getting a proper and registered release deed relinquishing his rights, your uncle cannot say that your father is not having any share in the property.

Your father can combine all the properties together and can seek proper partition and possession of his legitimate share out of all the properties so that the other brothers will put pressure on your uncle 1 to allot your father's share in the shop which was supposed to be divided equally among two of them.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The shop was bought with family funds but we don't have any proof of justifying this .

You first file the partition suit based on some documentary evidences for a joint family and then make pleadings accordingly so that the partition suit can be maintainable.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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