1)My father has not received the partition suit notice filed by my uncle because he was not available that time(although my father has a copy of that).what happen when he will not receive notice again and again??how he can avoid to receive the notice???
Why your father want to avoid the receipt of summons/notice from court? Is there any specific reason behind this?, if there is no reason ask him to receive the same and appear before the court either in person or through an advocate so that he is not treated exparte and a decision shall go against him.
(2)My Grandfather`s Grandfather had 120 acres of land and he had two sons (one my Grandfather`s Father and one more).60-60 acres of land were divided between my Grandfather`s father and his brother.my Grandfather was
two brothers and each of one got 30-30 acres of land.but all the partition was done verbally and not by any court also there was no written agreement made.Till now even mutation was not done and all the lands are in
the name of my Grandfather`s Grandfather only.In this situation how partition will take place??will it start from my Grandfather`s Grandfather???
This situation can be treated as ancestral property also wherein being a coparcener, you too shall have a right in your father's share in the property. But if you want to avoid the very lengthy process of including the entire 120 acres and all those who have acquired it some decades ago, you may restrict the partition to your grandfather's share alone. But the property will lose its ancestral status. There is no hard and fast rule that the partition has to include the ancestral properties too.
(3)My uncle wants to get 1/4th share in the land which my father had sold when my Grandfather was alive(with my Grandfather`s permission only and sold land value was used to purchase other land).
Is it possible that my uncle will get share in that sold land???
If any other property was purchased out of the funds from the property that was sold, your uncle can have a share in that property according to his proportion.
4)My father`s both sisters are not interested to get any share in any land.They are willing to give it in written also.but my uncle had made both of his sisters share holder without their knowledge.in fact by doing this
he wants to pressurise us.How my father should go ahead in this case???
Your both the paternal aunts can execute a registered release deed in our father's favor by relinquishing their rights in the properties. This way your father can have 3/4th share in the property.
(5)What remedial actions should be taken by my father in this situation??From where to start and to whom he should approach??
He should challenge the partition suit properly in the court if your uncle is not agreeing for any amicable situation.
(6)We want to settle this matter first through talk and then by court.but my uncle is very egoist, he does not want to talk.he wants to pressurise us by partition suit filed by him.how the process of partition can be delayed
(so that,He can come to know the practical thing)s???how much time we should take to respond his notice??
First receive the summons from court, then after appearance drag on the case in the court, your lawyer knows how to do it.
(7)My uncle had occupied the house built by my father on ancestral land also and not willing to give our share(land is registered in the name of my Grandfather`s Grandfather only).what course of action should be taken
in this situation??
Your father can seek the relief of share in that house in the same partition suit itself as a counter claim.
