Since your father has already filed a case seeking a share in the said property before the SDM Court, it would be in the fitness of things that you pursue that case and do the necessary perusal for it's effective disposal. In case you wish to, you can approach the high court so that the said matter pending before the SDM Court be expedited and decided within a fix period of 6 months or so.
Property dispute due to purchase of land in the name of minor son
My father are three brothers. my grand father has purchased a land in the name of my elder uncle only in the year 1956 when elder uncle was minor and also the my father and his brothers were minor. the same is written on the regisitry of the land. my father was serving away from his home so he was not aware of the same. now when my father asked to give the land share, his elder brother denied to give the same and said that property is in the name of mine and he will not give any amount of land to any of his brother. my father tried to convince him and his family but all gone vein. so my father filed a case in the SDM, revenue office in the year 2015. during this period the elder brother of my father expired and the property was renamed in the name of elder brothers family name. now what to do?
Asked 8 years ago in Property Law
Religion: Hindu
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3 Answers
It should be your father case that property was brought in name of minor uncle for the benefit of joint family
2) that uncle had no source of funds for purchase of property
3)your father should file suit for partition for division of land by metes and bounds
4) seek injunction restraining uncle legal heirs from selling the property
The property might have been bought out of the funds of your grandfather but since it was bought on one of his son's name alone, whether he was minor or major, the property belongs to that son alone.
Legally your father or his other brother do not have any rights in the property which was registered on the eldest son's name.
The SDM court or any other court may not fetch any fruitful relief to you but you can see if there is an alternate step for getting the property if everyone have a meeting and arrive at an amicable settlement and accordingly partition the property on the mutually agreed terms.
