Hi!
There is a Memorandum of Oral Partition made on 09/06/2005 between 3 brothers in which the following has been agreed:
a). My father (1st party)
b). His younger brother (2nd party)
c). His elder brother's family (3rd party)
First, the ancestral property (grandfather's property) which involved a house & had 3 equal shares of all the parties (i.e. 1st, 2nd & 3rd) was given away by my father as a goodwill gesture in order to avoid any trouble between the family , in the oral partition to (2nd & 3rd parties). As of today, can the shares be challenged & can me & my brother (sons of 1st party) claim the share in the ancestral property (i.e. 1/3 of the property)?
Second, our grandfather had distributed the business to all 3 sons (i.e. 1st, 2nd & 3rd party) as 66%,17%, 17%respectively. We had 3 establishments, a hotel, a restaurant & a shop. It was agreed between all the parties that the 3rd party would get the shop & his share in the hotel & restaurant would be distributed between 1st & 2nd party which would make it 75% to the 1st party & 25% to the 2nd party.
Now, the 2nd party(our uncle) seeing it as an opportunity emotionally blackmailed and asked the 1st party (our father) to make this business as a 50%-50% share, to which the 1st party (our father) agreed & gave away his 25% share to the 2nd party (our uncle). Is it possible to revoke it?
Third, the 2nd party(our uncle) has constructed a house last year over a piece of land which belonged to 1st party (our father) without any approval of the municipality, the power & water connections are also illegal. Also, in the oral deed it is clearly indicated that the said piece of land belongs to the 1st party (our father). Can we also challenge this in the court of law?
Fourth, 1st party (our father) had purchased 2 pieces of land back in mid 70's which were purchased with his own money from the job & are duly registered in the 1st party's (our father) name , to which also the 2nd party (our uncle) says that these were purchased by our grandfather & wants a share in it also.
Now, our uncle (2nd party) has been continuously harassing us in the business & even threatens & abuses us regularly. The 3rd party (elder brother's family) does not want to get involved in this situation & his happy with their share of the property & is also aware of his (2nd party) conniving nature.
He (2nd party, our uncle) has consulted a few lawyers & also sent us a message that we can't even take a legal action against him. He has also forcefully closed the business. Over the years he has been misappropriating the funds from the business for his personal gains & when we discovered a lot of issues in the accounts, he (2nd party, our uncle) started creating problems. We also do not want to continue the business with him anymore.
Where do we (sons of the 1st party) legally stand?
Regards,
