My father took responsibility for the family at 26yrs after my grandfather passed away. He is the 2nd born of 5 siblings. Only my eldest aunt was married at the time. He did everything from paying for studies to paying for marriages for my aunt and uncles. He paid for the construction of the house in the hometown. We have agricultural land, for which he has been paying the taxes and all the things required for agriculture. In all this, none of my uncles has paid a single penny until now. The issue is, I'm getting married coming February, and my youngest uncle wants partition before the marriage and been continuously harassing my father, just so that my father's reputation will fall and my marriage can become a disaster. He is warning that he will put a court stay on the house, so that my marriage can't take place there as well. My father is a very simple person. He won't put his foot down in anything, but I can't see him being mentally harassed. Can anyone kindly suggest how can I put a hold on this, so he can't mentally harass my father. Also, I want him to pay for all the expenses my father has done for him until now. He was in 9th standard, when my father took the responsibility. P.S. - Property papers are still in the name of my grandfather. So kindly suggest accordingly. Thanks in advance.
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Your father should continue to maintain his tough posture; and just ignore as to what your uncle is saying or doing.
Let him approach the Court and file a partition suit. Partition suit takes a very long time for it's disposal.
The Court will not grant any exparte stay order and it is highly unlikely that he will be able to disturb your marriage, by way of seeking any restrain order etc.
1) your father cannot seek return of money spent by him on his younger brother education
2) on demise of grand father and grandmother your father and his siblings would have equal share in property
3) your uncle can file suit for partition to claim one fifth share in property
4) amicable settlement is best option as litigation is long drawn and expensive proposition
Hi,
Partition is inevitable and if other parties are looking for it must be done should not be related with the prestige of the family but an amicable solution should be fined for this. Even if your father did all what was needed that can not stop the partition of ancestral property.
The house which was constructed by your father could be yours only if in the family settlement provides.
So far as the partition order is concerned will take some time as there is no formal family settlement deed.
Try to avoid the conflict till the marriage and try to go for settlement deed when things are in your favour.
Hello sir , partition is a civil issue and a person can approach court by filing a civil suit for partition .. Harassing and threat is a criminal offence , and a person doing it to cliam partition is a illegal way to approach.. You can file a police complaint of such threats .. If he claims partition he can approach court and fight on merits but threatning is a punishable offence under law
1. Since the property is registered in favour of your grandfather it has devolved on all his children equally after his demise if he did not make a will thereof.
2. That your father alone has spent money on making the land productive does not wipe out the share of other heirs. As such, the other heirs can maintain a suit for partition to cull out their share in the property.
Dear Clinet,
A per inheritance law, all children have equal share in the property, 1/5 each until any of them relinquish his/her sahre inteh proepry.
He is warning that he will put a court stay on the house, so that my marriage can't take place there as well - no court will/can grant such order .
Let him file partition suit, brother has no responsibility/liability to maintain his siblings, ur father can claim, all monies spend on them and also for good of house n taxes.
And if ur uncle trying to create any nuisance, complain to police, it will restrict him for to create any mischief to trouble ur marriage.
Respected sir...
Your said uncle is doing so in influence of any other person ..But you can't stop him as he have legal right in that property but only this thing you can do here is to request him ...
That will lead to convince him ...So just talk with politness ...
Thanku
Since this property is in the name of your grandfather and he is reported to have died intestate, the property shall devolve equally on all his legal heirs consisting your father and his siblings which included his sisters.
Your father cannot deny them their rights in the property towards their legitimate share in the property.
If your father want to recover the money spent on his siblings for bringing them up, he may claim the same separately however it is barred by limitation at this stage hence he cannot claim even that at this stage.
Instead of agitating over the issue, better try to arrange for an amicable solution by involving everyone with peace talks and settle the by mutual partition agreed by all entitled, which shall be better in the prevailing circumstances instead of running behind courts attending the litigation.
Hello,
Bear in mind that your uncle has a right over the property after death of the grandfather and grandmother and as such your uncle can file a suit for partition.
Therefore ,at this stage it is advised that let the uncle file a partition suit, the court will not pass any order without listening to all the legal heirs. You may file a caveat in the court and as such you will come to know as and when any case is filed by your uncle in the court.
Regards
You says that he is studying 9 class so he is minor he can't file suit
