Partition dispute in an hindu undicided family
Vinay
(Querist) 30 May 2014
This query is : Resolved
Dear Sir/Madam,
I would sincerely request you to explain the possible cases and a possible solution for the case I am describing below.
Our Hindu undivided family is from Karnataka and the family consists of,
(1) Grand Father (Dead)
(2) Grand Mother (Dead)
(3) Most elder brother
(4) Elder brother
(5) My father
(6) most younger brother
(7) two sisters (married 20-25 years back)
Now, the case goes like this, out of 100% property,
Grand father owned 20% (1)
1st elder bother 40% (3)
2nd elder brother 40% (4)
Both my father and the youngest brother has no family property registered in their name.
Earlier days, during 1980's and till now, most of the property purchases made for the family, are registered in the elder brothers name (40% + 40%).
Recently we had a family discussion about partition and everything went smooth and all agreed upon a meaning full partition where, total property,
grand fathers property 20% + 1st elder brothers property 40% + 2nd elder brothers property 40% is equally divided among all four brothers and the partitions deeds were about to happen in few months from now.
However now both the brothers are very reluctant to share the property with the other brothers 3rd (my father) and 4th (most younger).
Now what should we do? they are saying they will not share even a square foot of land with us.
Now should we take a legal stand? what are my fathers rights in this case?
I sincerely request you to provide your valuable advice at the earliest.
Devajyoti Barman
(Expert) 30 May 2014
You can file suit for partition.
Had there been in any joint business or equal contribution of money towards purchase of properties?
If so then your suit would succeed. else it is very difficult to prove joint ownership.
R.K Nanda
(Expert) 30 May 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 30 May 2014
The property (80%) is in the name of elder brothers, your father has a weak case for his claim in that property.
Your father has share in 20% portion in the name of grand father along with other legal heirs including sisters.
However amicable solution with the help of society effective people, common family friends, relatives can bring better results as compared to litigation.
