My grandfather left 24 "Bigha" agricultural land, now 6 "Bigha" each is on the name of their 2 sons (my father and uncle) and 12 "Bigha" remaining is on my grandfathers name and he died including his wife. Now in total land does not have same fertility, some has stones in it. So I would like to know, if we want to distribute it equally among 2 sons then how can it be by law? Is there any law to distribute based on fertility or its based on area only?
After the death of my grandfather based on family discussion it was distributed like these: 12 "Bigha" to my uncle with all good fertility and 13 "Bigha" to my father including less fertile with 4 witness signed on stamp paper.
My uncle is unmarried and alone and he is handicapped (polio in one leg), He often tortures my parents saying that he does not want such distribution, and says I will not live and let you live. So He is planing to file a case in a court saying that He is helpless and land was taken from him by force and also he is tortured mentally.
So I would like to know whether he can file such case even though the land is distributed on stamp paper in presence of witness. Can he file the case of helplessness or mental torture? My parents never talks to him because of his bad nature.
I would be very thankful to you.
