Property dispute among my father and uncle

Querist : Anonymous (Querist) 24 March 2023 This query is : Resolved
Dear Sir
Need your valuable suggestion. My father are 4 brother. My grandfather died in year 1983, after that property partition was done in presence of panchayat 5 senior citizens. Partition signed by 5 senior citizens, grand mother, bua and 3 brother. One of my uncle didn't signed but using property as per partition. But now even after 30 years he is not ready to sign. Also few of property bought before by grandfather death are in name of individual uncle. Now he is disputing nad not ready to partition propert which are in his name . Please suggest what Indian law says

Follow Query

Report Abuse

Advocate Bhartesh goyal (Expert) 24 March 2023
Since all the legal heirs of your grandfather didn't sign on partition deed and also it is not registered so partition of property can not be said legal and valid .For legal and valid partition you need to file partition suit before civil court.

kavksatyanarayana (Expert) 24 March 2023
Yes. File a suit of partition.

T. Kalaiselvan, Advocate (Expert) 25 March 2023
The only legal option to derive solution to this never ending problem is to file a suit for partition and seek separate possession of your rightful share in the property held jointly by all the shareholders.

Dr J C Vashista (Expert) 26 March 2023
Partition deed has not been accepted by all stakeholders / LRs of your grandfather, hence it cannot be invoked.
Property purchased by your grandfather in the name of your uncle is his separate (individual absolute owner) to ancestral property which cannot be claimed by other siblings.
I agree with the experts hereinabove, it is better to file a suit for partition.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries