File suit for partition for division of property by metes and bounds
Also seek injunction restraining uncle from selling the property
Property share issues
My grandparents have not written any will and both of them had passed away 12 yrs ago. My uncle has all the property related papers with him. And whenever asked he is not even showing us anything about it. We want our share of it as my father is an unemployed now and is having medical issues also. Their are 3 siblings in total my uncle, my dad and their sister. So as per norms all three should get equal share of it. Which my uncle is not agreeing for. We need suggestion if any legal action has to be taken then what is the process for it.
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
Can you elaborate little bit to us. For this do we need to hire a lawyer.
Asked 8 years ago
You need to engage local lawyer to file suit for partition for division of property by metes and bounds
You have to pay court fees depending upon market value of your share in property when you file suit for partition
Since the properties were left behind by your grandparents, upon their intestate death, the properties shall devolve equally among all their legal heirs, namely your father, his brother and his sister.
Your father is entitled to 1/3rd share in the properties left behind by your grandparents.
Your paternal uncle cannot say that he cannot give their legitimate share neither he can refuse a partition.
Your father can approach court seeking partition and separate possession of his legitimate share in the properties.
Consult a local advocate and discuss about filing a partition suit immediately and also for filing a petition seeking interim injunction along with the suit.
Can you elaborate little bit to us. For this do we need to hire a lawyer.
Since you do not know or aware of the legal formalities as well as filing procedure before court seeking partition by filing a partition suit, it would be advisable to engage the services of an experienced local advocate.