1) in the event any amicable settlement is not possible with your uncle your father should file suit for partition for division of land by
Metes and bounds
2) contact a local lawyer
Property dispute between two brothers
My father has 3 Brothers & one sister. We have ancestral property of approx 27725 Sq Ft ((This include empty & house land)) which was legally transfred to my Grand mother after my Grand fater death and couple of years back my father's younger brother took initiative of giving the share of remaining 2 Brothers & 1 sister in term of property value so then My father & younger brother jointly paid the money to them as none of them was staying at that place even they wanting to have money in place of Land share so finally my father & younger brother become the joint holder of 27725 Sq Ft land but now when we wanting to distribute the land between two my father's brother is making lot a problem with his terms & condition on how the land should be divided and he is not ready to compromise any where though we tried all the mutual talks including common relatives but it's almost a year he is not agreeing and he wants land to be divded how he wants so finally we have to take legal help and would need your advice on how to tackle this as per the property law. Best Regards, Vishal kaushal
Asked 9 years ago in Property Law
Religion: Hindu
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7 Answers
Hi, when your father has paid the amount then those who receive the amount they have to execute release deed in respect of their share.
2. Your father brother has not executed any documents then they have right over the share of the property.
3. So you have no option file a suit for partition in respect of your share and take back the amount which your father has paid.
Upon the intestate death of your grandmother, the entire properties devolved on her legal heirs, i.e., five children consisting 4 sons and 1 daughter. As per law all of them are equally entitled to one share in the intestate properties.
You said that your father and his brother have mutually and amicably partitioned the properties among themselves, if so whether a partition deed was executed and registered?, if not, the properties remain undivided legally as on date.
If the other share holders do not agree for amicable family partition and settlement thereon, there is no other option than to file a partition suit before the court, which may take some years to get disposed. In the partition suit, entire properties will be put together and the relief for partition and separate possession of individual share can be sought.
1. The property is not ancestral if it was owned by your grandfather and was transferred to your grandmother on the demise of the former.
2. If the money which was paid by your father and his younger brother to their siblings was not followed or preceded by a family settlement wherein the siblings who were paid had relinquished their rights in the property then their claim to cull out their share in the property sustains the test of law.
3. Enter into an amicable settlement with them as they have an equal share in the property unless they have relinquished it.
File a suit for partition if the mutual agreement cannot be reached. the court would then partition the land equally as per the terms required to be considered for the same.
A. In the absence of any registered Family Settlement Deed that you cannot enforce your right perfectly and once the payment was made that you had to get the registered release deed from them with respect to their respective share.
B. You would better approach the Civil Court to file a Partition Suit and you will get your share without disturbance from them.
1.How the land was legally ransferred to your grandmother after the demise of your grandfathe intestate?
2. Was there any registered settlement deedtransferring the share of all the sons and daughter of your grandmother to her?
3. If he property was legally ransferred to your grandmother, it became her roperty and how your father and his younger brother paid money to others to get their share of the property? Did your grandmother die at that time?
4. However, unless there is a legal document ike sale/settlement deed registered by which the shares of the other brothers were tharnferred in the name of your father or his younger brother, those two brothers and sister can claim heir shares of the said property,
5. Negotiate with him and settle the matter amicably in your interest.
