My father are 3 brothers and i am the single girl child of my parents. My father is financially challenged person as he has spent all his earnings in my studies and marriage 7 yrs before. And one of my uncle is a rich person running a company having 200 labours.. My father and uncle live in city near delhi. And my 2nd uncle live in village has kept all the ancestor's (my grandparents) property from last 40 yrs. Now as my grandparents had expired since last 6 yrs ,all property(farm and house) automatically have transferred to all the 3 brothers name.Now my father want his property as he need it...but both of my uncle don't want to give it. They say that he don't have son so either he will give all property to his girl(me) or he will sell it. I personally talked to my uncle 2 yrs before and told him that i dont want it ...becoz i have everything in my life...I dont want dispute...but all went in vain. My father really want this property..as he is now old and financially challenged. Despite all this they give very bad comments like...."1,2 saal me marr jaega fir sb hmara hoga".. And "property mangega to maar denge"....etc...etc... My father is unable to understand that what should he do...because if he file case ...than it will take so much time and money and he don't have that much money. What should he do for quick results?.....plz help.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1)your father should issue legal notice to his brothers for divison of properties by metes and bounds
2)if brothers refuse file suit of partition for division of properties by metes and bounds
3) also seek injunction restraining his brothers fromselling the property or create third party righjts on the property
4)since your father is a senior citizen he can seek expedited hearing of the case
5) in the alternative your father can sell his one third share in property to third parties
1) What is the procedure to send legal notice and what would be its cost ? And how partition would be done means some govt. authorities would help or not? 2) what is the procedure for expedited hearing of case and what would be its cost? And how much time it would take to give results?
1) you have to engage lawyer to issue legal notice
2) legal fees vary depending upon lawyer engaged by you
3) court would order division of the property by metes and bounds in partition suit
4)you have to apply to court for expedited hearing
5) local lawyer can guide as ti time taken for disposal of the partition suit
1. your uncles do not know the law.
2. this ancestral property has already been devolved in your father's name. when your grandfather died his all legal heirs have accrued their share in the property on the basis of survivorship.
3. your father has to demarcate his share and he has right to file partition suit for demarcation of his share in this joint ancestral property .
4. you are a legal heir under section 2(11) CPC you can file such suit on behalf of your father.
My father is unable to understand that what should he do...because if he file case ...than it will take so much time and money and he don't have that much money.
What should he do for quick results?
Your father has a right to his legitimate share in his deceased father's property.
If he is keeping quite fearing his brothers he cannot survive.
Also thinking that it will be time consuming to approach court seeking partition and separate possession of his rightful share in the property, with the non-cooperating brothers, he cannot get any relief, he has suffer in lurch and may suffer more mental worries.
Now he has to take a decision about suing his brothers, yo can help him financially to file the case which you can recover after he gets his share of property.
1) What is the procedure to send legal notice and what would be its cost ? And how partition would be done means some govt. authorities would help or not?
He can send a legal notice by himself also without taking the help of an advocate.
He has to mention that the properties belonging to his deceased father to be partitioned and his share to be allotted with separate possession.
He can approach a local lawyer also for this purpose. The lawyer's fee will be informed by the lawyer engaged for this purpose.
2) what is the procedure for expedited hearing of case and what would be its cost? And how much time it would take to give results?
First of all you file the suit and then plan to file a petition to expedite the trial in case the trial takes unusual time or inordinate delay.
The cost i.e., the court fee and the lawyer's fee can be enquired in the local.