If the property is transferred in the name of your father then he can file a civil case for permanent injunction retraining your uncles from interfering in the property, either directly or indirectly.
Sir, Certain properties were promised to be transferred by my grandfather to my father for his contributions to combined family and agreed in presence of elders verbally that the transformer in one of the plots will be removed by my grandfather at his expense and then properties transferred. Meanwhile grandfather passed away and then my father spent money from his own picket to remove the transformer and then properties name transferred to his name after his fathers death probably during UDR period. Not sure of the process adopted on how it was transferred. Since 37 years my father was cultivating in it. Now his brother family are claiming 50% share in the suit on this properties, how this can be defended - should we file a counter partition suit claiming the property or to claim for property title or any other option? what is the success possibility?
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If the property is transferred in the name of your father then he can file a civil case for permanent injunction retraining your uncles from interfering in the property, either directly or indirectly.
You would not be able to enforce verbal agreement
2) it is difficult to prove
3) on grandfather demise property would devolve on your father and his siblings
4) his brother can claim equal share in property
Basically the property belonged to your deceased grandfather who is reported to have died intestate.
Therefore the properties left by your deceased grandfather shall automatically devolve upon his legal heirs equally.
Your father's siblings are entitled to an equal share in the property which can be enforced through court of law if an amicable solution is not arrived between your father and his siblings in this regard.
For those of yourself who have provided opinion that it culd be contested what should be the basis: Do we cite the verbal agreement and then claim?. For this should we contest in the main partition suit or claim title of the property through a sub-partition suit
As you said in your main question that properties have been transferred in the name of your father, this will be the base to contest the case.
You were advised properly to go for an amicable partition among yourselves or file a suit for partition and seek your respective share in the property.
You may consult a local advocate and proceed as suggested.
You don’t have any documentary evidence of such verbal agreement
2) you can prove verbal agreement by testimony of those present at the meeting called for by your grandfather
3) they should be willing to give evidence that it was agreed that properties would devolve on your father
your father was in possession of the land for 37 years
he did not have any title except his share which he inherited from his father [ie your grandfather]
so your father was in possession of the entire land which includes the shares of the other legal heirs also, including the brother who has filed the partition suit
so your father can take the defense that the property is not a joint property amenable to any partition but it is his own property since he has perfected his title to the same by way of adverse possession
you have to take this defense in your father's written statement
also file a counter claim in this partition suit for a declaration that your father is the absolute owner of the property and has perfected title thereto by adverse possession
engage a good lawyer please
Proving an oral contract is difficult. After your grandfather's death, his estate will be divided between your father and his siblings in equal shares. If the property is transferred to your father's name, he has full rights to the property. Otherwise, all of your siblings and father own the property.
So first check the status of the property. whether any document is executed infavour of your father.
Otherwise, an amicable partition settlement is better. Plz consult a local lawyer
1. Can you provide any evidence or witness from any corner in support of your claim that the said piece of property was promised to be transferred and there after verbally transferred in favour of your father by your grandfather?
2. Through which legal document the said property was transferred in favour of your father? You can find it out by conducting property search from the local Registrar of Properties.
3. If your Uncle files any partition suit claiming 50% share of the said property, your father can contest the same with the help of the foresaid legal documents/witnesses.
4. Alternatively, he can also claim title based on adverse possession of the said property.