• Property dispute

Hello,
My grandfather had registered property in the name of his two sons. One is my father and another my uncle(died). My father has made an agreement for the division of property with the concerned uncle before his death but at that time the document was not signed. After the death of uncle, my father has asked the uncle's son about the agreement and to perform equal division of property but the uncle's son is not ready to do so. He always ignores for legal documentation. My father is an old age person and he wants to clear this property matter soon. Please suggest what step we need to do.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

Your father should file suit for partition for division of property by metes and bounds 

 

2) seek an injunction restraining sale of property by his nephew pending hearing and final disposal of suit 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. It seems the property given by your grand father to your father and uncle is undivided .

If that is so then it is necessary to make a physical demarcation of the same to avid future complications.

Now of there is no possibility of amicable partition as it appears then the proper course of action would be to file a suit for partition wherein the court by passing the final decree would partition your respective properties by metes and bounds.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your fathers need to approach a civil court with all relevant documents and file for partition suit. 

The property has to be divided in metes and bounds. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Father can file a suit for partition of property bt meates and bounds and the court shall devide same equally. Further if father is senior citizen he can file an application to expedite matter after pleadings citing his age.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Suit would take 15 years to be disposed of depending upon pendency of cases in trial court 

 

2) your father can first issue legal notice for division of property 

 

3) if no reply is received or her refuses file partition suit as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. your father can file suit for partition of the said property in metes and bounds

2. the suit will take nearly 2-3 years to complete the matter on merits, (as in my state i.e.e haryana) may take long due to procedure/pendency in your state. 

During litigation, it may be decided amicably with mutual consent and matter can be finished before the period already stated.

first of all, send him a legal notice may be he became ready for mutual partition of the property.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Meet an advocate who would file a suit for partition on your behalf. Such suit if contested would take time.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Sir a suit of partition claiming share in the property has to be filed before the jurisdictional court you can engage an advocate for.same. See it takes some time in court though on ground of senior citizen after can be expedited.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In absence of uncle the son of uncle will step into the shoes of uncle and will have the said share in the property 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get in touch with a local lawyer and file a title suit so that your father may claim the share in the property. Before doing the same a legal notice may be served upon them and if theh fail to come forward for mutual settlement after the notice then a suit can be filed by you.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Filing a partition suit is not a very complicated matter. You need to arrange complete details of property required to be partitioned along with related documents either in original or in certified copies about the title of the property and how much share you expect from that. Along with the property you need to complete the name and address of all share holders of the property and prepare to explain how you or they are entitled to get share in the property. Thereafter you will meet your advocate , who will prepare the petition of partition suit as per requirement and the same will be filed in the court and subsequently required processes will be followed.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File partition suit on the basis of possession of specific portion .

Yogendra Singh Rajawat
Advocate, Jaipur
23080 Answers
31 Consultations

You can execute a Registered partition deed for the same else suit for partition has to be filed in this case.

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If the deceased uncle's legal heirs do not cooperate for an amicable partition/division of proeprty then your father may have to approach court with a suit for partition of property with metes and bounds and to allot one such equal share to him with separate possession.

The long stretched legal battle may bring both the parties to a negotiable platform by which the issue can be solved at the earliest.

Before that let this matter be referred to the elders of the family who may advise the agitating parties for an amicable solution, if the talks fail then you may opt for legal steps.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

For filing a partition suit, you may contact a local  advocate with all relevant papers who will guide you further on this.

The time taken for disposal may not be predicted, however it may stretch to even 5 years.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that your grandfather registered a property in his two sons name including your father and uncle who is no more now.
  2. As you have mentioned that your uncle has died, I would advice you to file a suit for partition/ declaration for your father’s share (suit will be filed by your father only) before the civil court of law.
  3. Property will be divided for sure and that is also equally between your father and your uncle’s legal heirs.
  4. It may take at least 1 year if not contested by the son, and even if he contests he won’t get success as it is on record about the property registration on the name of your father and uncle.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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