• Partition of property

My father & my uncle has 2 lands on joint name. My father has passed away in 2008. Since then there have been many troubles from him regarding 1)partnership in factory, 2)will from his grandfather etc. & He has been legally strong from all sides. 
        Now the question is of these two lands on which my mother's name is added after my father's demise. We have been asking him to do the procedures of partition.But he has been delaying for many years. Now he is telling that we should choose either of the 2 lands & remaining amount if any will be settled as per the valuation. We do not agree for his demand. & we want the partition to happen immediately. Please guide me with the required procedures to go ahead positively.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) if your uncle is refusing to agree for partition issue legal notice to your uncle for partition of 2 lands by metes and bounds 

2) if uncle refuses your mother , you and your siblings can file suit for partition for division of lands by metes and bounds 

3) please note that on your father demise your father share would devolve on your mother , you and your siblings 

4) you have not mentioned how father share was transferred in mother name 

5) have you and your siblings executed gift deed or relinquishment deed ? If so your mother would be owner of your father share 

6) suit for partition would take over 10 years to be disposed of 

7) better arrive at an amicable settlement with your uncle 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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Hello,
1) You are not obliged to agree to whatever the uncle tells you as you have a legal right on the property your father jointly owned with your uncle.

2) You will have to file a suit for Partition in the civil court having jurisdiction.You will need to engage a lawyer locally to help you with the procedure. Once the matter reaches the court it will take time if your uncle is not willing for a settlement and is contesting the partition.

3) Be aware that you need to pay a court fee and the legal expenses involved in engaging a lawyer as well. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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without any further delay file a suit for partition, possession and permanent injunction and claim for demarcated share in both the lands or whatever properties your mother has name on. Any financial assets like cash, Fds etc again need to be divided equally as per the share .
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
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After the demise of your father, the legal heirs become the absolute owners of his shares. The property is partitioned equally by metes and bounds.If the uncle is not agreeing up on the partition then file a partition suit.The immediate remedy is settle the matter amicably . In the pending of suit try for mediation and adalath for settle the matter 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
First issue  him a legal notice demanding partition and separate possession of your share in the properties through amicable settlements by giving him time and choice to settle out the things peacefully through amicable meeting and discussions.
If he is not acceding to the request made, you  may file a partition suit seeking division of property equally as per good and bad soils and separate possession of your share int he property. 
You may drag him to the court which will certainly make him to think about it. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1. You and your mother succeeded to the share of your father in the land on his demise. As a corollary thereto, both of you can file for partition to cull out your respective shares therein.

2. Engage a lawyer to begin the process to file a lawsuit for partition.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) any of the parties can file suit for partition 

2) it may take more than 10 years 

3) legal fees vary . It would depend on lawyer engaged by you 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
First of all send a lawyer's notice to his address, let him read and get his lawyer's opinion about the notice, if he understands the seriousness, he may arrange for amicable settlement or he will try to evade the situation.  In that case you may have to approach court with a partition suit.  The time taken for a partition suit cannot be predicted nor  anyone can tell about  a lawyer's fee except that lawyer
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Speak with your lawyer to send a legal notice followed by filing of suit. Anyone who file a suit for partition has to pay a court fees on the value of share he is claiming.  Depending on the releif sought it may take any where with minimum of 2 years to 4 year at max also depends on proficiency of your counsel.
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
1. He can also file for partition against you to cull out his share. 

2. Approximate time and fee cannot be foretold by us.

Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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He will not file the case for troubling you.No one can say about the approximate time for getting  a decree and execution of the ripping of fruit of the case. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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