1) It was advised to file suit for partition, for the properties both in mumbai and native. Joint family has to be proven for this. For this, there was many properties registered under the name of all the brothers in native by eldest brother after the property taken in mumbai, with the jontly earned income sent to eldest brother. Also we can try putting the family certificate, existing then. No properties/house, bought together in native is partitioned yet. Is this evidences enough to justify HUF/Joint family.
Yes, you are right, the evidences cannot be created afresh now hence you have to rely upon all those which are available now to establish your goal as joint family property partition.
2) It was also asked to prove that the fund used to accrue the property in mumbai, is a joint family fund. On this part, it may be difficult to get the documentary evidence as every thing was dealt in hard cash, except witness then working together with my uncles. However, before the property was bought my uncles & father had started printing firm in the rented land. The earnings from the same printing firm in the rented land, had a major role in contribution of accruing the self owned plot registered in the name of 3rd no uncle. The owner of the land then, can be taken in confidence to be the witness. Also according to my uncles, agreement of the same rented land was in the name of all the brothers including eldest uncle in native, still the confirmation is needed from land owner if any agreement existed. According to my eldest uncle in native, there was a power of attorney (POA) taken by my 3rd no uncle from eldest uncle who was residing in native, to cancel the agreement with land owner as land owner had to bring residential complex in the same land where printing firm earlier existed. The agreement was of 99 years so NOC was necessary for land owner to bring residential complex, hence POA was taken from eldest uncle by 3rd no uncle.
The evidences in the form of rental agreement, POA and all those witnesses may be helpful to your case to corroborate your pleadings seeking partition from joint family property.
3) If any agreement existed on the rented land, how will I know, and how can I get the duplicate copy of the same if the Survey no/Hissa no of the land is known. How can I get the copy of POA called by 3rd no uncle by my eldest uncle in context to the same land. which Govt. office deals with this?
You have to sort out this issue through your local source only, the lawyers here cannot suggest you without having access to your personal sources or the prevailing situation at your end.
4) Can I get the agreement copy of the land which is registered in the name of my 3rd no uncle, but from joint Income of all brothers. What is the procedure?
Yes you can get the certified copy of registered document from the registrar's office.
5) My father is youngest of all brothers. Is there any clause where my father beign youngest, will have the share in elder brother property in a joint family.
Your father is supposed to have a share in the joint family property.
7) If partition suit is filed and Injunction seeking the stay on construction of building is brought, how long the injunction will exist based on the above evidences (approximately, if any).
The injunction will remain in force as long as it is being extended by the plaintiff.
9) Will there be any complications, if 3rd uncle will transfer the property in the name of his spouse/children.
The beneficiaries due to such transfer are to be brought on court records seeking relief against them too.
10) We have made our mind to fight for justice, can any lawyer be suggested from this forum expertise in such areas. What is the procedure?. Can I get the In person appointment, to consult the lawyer of my choice from this forum?.
You choose a lawyer from this forum and seek his/her consent to take up your case, you cannot ask a question this way.