• Right to get property share in deceased brother

My father (age-73) had 4 brothers. One elder(Step brother) and 3 younger brothers. Elder brother took his share (1/5) in ancestor property when My father age was around 12 years. My father took care of his brothers once my grandfather passed away (My fathers age -15 years). One of my uncle took his own property share and started staying separately in 1970 (My fathers age -25). From then, remaining three brothers staying together. My father assisted all of them in their educations and their well being. 
 My youngest uncle was suffering from incurable disease since his childhood. In 1986, My youngest uncle passed away and at that time, he was unmarried. After the demise of my uncle, my elder uncle who separated in 1970 raised a question that he should also get a property share in my diseased uncle's property. At that time, in village panchayat, it has been decided that as My father took care of youngest uncle from his childhood and my elder uncle already separated 16 years before his demise, He wouldn't have any share in diseased uncle's property. However, Panchayat asked us to gift him something. So my father had given around 10% of my uncle's property to him. Details of Panchayat decision is written on stamp paper and signed by almost 10-12 people attended that meeting. 
 But since last 3 years, that uncle and his family raised this issue again and they are obstructing us to doing any construction work over there. Village panchayat is still standing by its decision, But my uncle's family is not agreeing on that points now and ready to go for physical fight always.
 My question is, If we take legal route, where we stand and what is our position? What is the solution to come out from this problem? Thanks in advance!!!
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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7 Answers

Hi, it is advisable to file a civil suit for permanent injuction and obtain a stay order from court , to restrain them from interfering in the construction and posession over the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Sir rightfully they have share as it was brothers property and it was not ancestral so by intestat law of succession uncles can ask.for partition and share.,

See you can argue the issue on ground.of possession and decision of panchayat as it was.mutually agreed

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Your uncle cannot reopen partition from which he impliedly got separated more than 12 years back thus barred by limitation as per Art 106 of limitation Act.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1) on demise of uncle his share in property would devolve on his surviving siblings equally

2) your uncle can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hindu inheritance law and succession of brother over deceased brother’s property .

If there are no heirs in Class I (wife,son,daughter), the property will be given to the heirs within Class II. (brothers,sisters)

If there are no class 1 heirs as mentioned above the whole property will pass on to the father.

If there is no father, then, in this case the property will be given to brother, sister, son’s daughter’s son, daughter’s daughter’s daughter in equal share.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0


You have all the legal right to have the title and the possession of the property, since he has already taken his share and it has been more than 12 years since the death of your younger and uncle and due to the time he has lost his right on the said property.

Also, you can file a suit for injunction.

If he threatens you then file a police case against him.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your paternal uncle is having a right to a share out of your deceased uncle's share in that property, though your father had given a share, he has not registered the transfer to his name, hence he may say that he has not given him anything, or he may even claim equal share, therefore he can approach court for a partition and separate possession of his rightful an legitimate share in that proeprty.

Your father can file a permanent injunction suit but this will trigger more issues and it can even make the issue more complicated, hence better try to have an amicable solution for this.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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