Division of property between two brothers
Hi..my grandfather had made a will before this death to divide his property between his two sons.my father and his elder brother. My father passed away in 2009.since then my uncle is taking care of our business and property. Now my mother and i want separation but my uncle is not willing to go for a proper 50:50 separation. He wants to acquire maximum portion of the property. He don't to spent any money for legal separation too. What can we do?
Asked 2 years ago in Property Law from Kolkata, West Bengal
1) issue legal notice to uncle for partition of property .
2) if uncle refuses you should file suit for partition for division of property by metes and bounds
3) seek an injunction restraining uncle from selling any portion of property
1. you and your mother being the legal heir s of your dad have the 50% of the right of the property of your grand father as per the WIILL. Since there is a WILL the divsion of the property has to be accordingly.
2. So file for a partition suit to get your share.
3. You can bring the WILL in the court and the court will consider the same , based on it the divisdon of the property can happen.
4. First send a legal notice to initiate the steps to execute the WILL and if Your Uncle is not agreeable to that approach the court for the division of the property as per the WILL.
speak to a lawyer and proceed further
The share of your father devolved on his widow and children equally after his death unless he left a will. So either of you can file a suit for partition to cull out your share in the property. To restrain your uncle from selling the property or creating third party rights in any other manner you can also seek injunction against him.
Hi, you have to file a suit for partition of your 50% share in the properties in the jurisdictional court.
2. As per law you will be entitled for your 50% share of the properties
1. Has probate been taken for the said will?
2. If not then collect death certificate of your grandfather and his legal heir certificate,
3. Being supported by the above two documents, file a partition suit claiming your share of your father's property gifted to him by his father.
If your uncle is adamantly refusing to partition and allot you with the half share that you people are entitled in an amicable manner, you may first issue a legal notice seeking to partition the property equally into two parts and to allot one such part to you, if he still fails to respond or refuses, then file a partition suit along with an application seeking to restrain him from alienating the properties in favor any third person till the disposal of suit.