• Property partition between brothers

Hi,
This is case of my father property. 3 son and 4 Daugher  of my grand father. My father have less land then my uncles. My grand mother and grand father was dead. My 3rd number uncle create wheal forcefully with my grand father and write in that my father remaining land + my grand father land on his name. That all we know after grand father dead. Then 2nd uncle case file in court and cancel that wheal. Now that 2 part of land having 3 names. Still not given by 3rd uncle. In this big lose is my father - already less land so that remaining land + grand father land. But my both uncle doing  action drama like I will dead and case your Or some time my anti doing action drama. So my father don't like to involve this matter but we want our land legally. 

So please tell me which best option for this ? Or any strong act no that I will just tell them and they will ready to give us our land without any drama. Any act so they don't have any way to go and stop everything.

Please advise me.

Thank You.
Asked 1 year ago in Property Law from Pune, Maharashtra
1. You are silent whether your grand father has divided the land among your father and uncles in sharers or not . 

2. If your grand father has died without making the division of his properties then all his sons and daughters have equal shares in the land,

3. Now of any o0f them is causing problem to give due share to another or is forcibly occupying more land than others then any of them can file suit for partition and separate possession.

4. They can apply for injunction as well so the land in possession of any co sharer may remain is his peaceful possession till final decision of the court comes.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Hi, if there is no partition taken place in the family all the daughters and sons have equal rights over the property.

2. From your narration the will executed by your grandfather was held not valid then all the parties are entitled for equal share.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You have stated that your third uncle forced your grand father to make a will of his entire land in his favour, which was subsequently held as illegal by the court when challenged by your other uncle.

2. If the will has been declared as illegal by the court then the property of your grand father would devolve equally on all his children including your father. None of your uncles can, in the absence of a will, claim to have a greater share in the property.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Your father can file a suit for partition to cull out his share in the land. He can also seek an injunction to stop his brothers from selling the land.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. If your grandfather has died without partition then the land will devolve equally among all legal heirs of your grandfather i.e daugthers and son.
2. Further you are silent on the fact on what was the outcome of the case when your uncle challenged the Will? Incase the Will is illegal declared by court then your father can file suit for partition and further file application for injunction thereby restraining your uncle to sell the land
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1) on your grand father demise each legal heir had 1/7th share in land standing in name of grand father . 

2) you have stated that your uncle prepared a forged will of your grand father but no probate was granted by court as your 2nd uncle challenged the said will 

3 your father can issue legal notice to his brothers and file suit for partition to claim his share
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Your grandfather's property will be equally divided amongst all his legal heirs if he has demised intestate,

2. If there is a will written by him, the legatee shall have to obtain grant of probate from the Court,

3. However, if your father refuses to be involved with any court case with his brothers, being impressed by their so called action drama, then you have no role to play here during his life time.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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