• Partition of property

Hello ,
My paternal  grandfather has 5 sons and 3 daughters.All of the boys were doing bossiness together .Grandpa was deceased 20 yrs ago after which a little settlement for living was made but not all the property is divided.All the other uncles safeguarded the property that was in their name. Unfortunately my father has nothing on his name and we don't have anything. Can I file a legal case against my uncle (who stole most of the property) them stating that we did not receive anything as our share. But none of the documents has my father's name. I feel totally helpless. Please advise.
Asked 1 year ago in Property Law from United States
Religion: Christian
1) on grand father demise each son would have one eight share in property 

2) you have stated that settlement was done on the grand father demise . was each legal heir given his share in property? 

3) what are the terms of settlement ? 

4) your father can file suit for partition to claim his share in property 

Ajay Sethi
Advocate, Mumbai
31088 Answers
1705 Consultations

5.0 on 5.0

1. If your father was a party to the settlement deed then the settlement is binding on him. As such, he cannot reopen it in the court through a challenge except if he can prove that he signed it under duress.

2. In so far as the property of your grandfather which is undivided your father can cull out his share therein by filing a lawsuit for partition. 

3. The certified copy of the title deed of the property is the only document which is required and which can be obtained from the office of su-registrar with the help of a local lawyer.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

Yes, your father can file a suit for partition to claim his share. If your father can prove that the property enjoyed by your uncle was purchased out of joint business and the properties were never formally distributed then your father gas good case.
Devajyoti Barman
Advocate, Kolkata
8148 Answers
97 Consultations

4.9 on 5.0

Hi, you have to file a suit for partition of your father share in the property stating that all the properties are the joint family properties.
Pradeep Bharathipura
Advocate, Bangalore
4261 Answers
161 Consultations

4.3 on 5.0

1. What and how the settlement was made? Was it through settlement deed or just verbal settlement?

2.If there is no registered settlement/relinquishment/partition deed in connection with the properties of your grandfather,then your father (his legal heirs in case he is deceased)  can claim his ahare of his father's property by filing a partition suit before the Civil Court.
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
328 Consultations

5.0 on 5.0

This case will be covered under Indian succession act for inheritance of intestate property by son from his father as a legal heir/successor. 
You do not have a claim for a share in the property while your father is alive, however he can file a partition suit claiming his respective and legitimate share in the property left intestate by your grandfather. 
T Kalaiselvan
Advocate, Vellore
21220 Answers
208 Consultations

5.0 on 5.0

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