Hello Sir
my father has some property(patta on his name) deed is still with my great grandfather and also some property(patta transferred to his name) in his grandmother(mother's mother who happens to be my grandfather’s sister) without any will and all the elders are died : Total of 5 acers agri land and 8 cents home Land all in tamilnadu
and father has one sister, on the insistence of family elder, my father did everything for his sister, financed them to buy land (3 acers Agri Land and 20 cents home land and further he gave lot of money to build hosue), gave jewelry almost he did everything equally on his own hard work and earnings as kind of oral settlement, now the thing is that she and her husband sold everything and settled their daughters(2) marriage and they have nothing left,
now my father wants to settle the properties with him to his own kids(we are three of us) when we ask her to come fwd sign the settlement papers she is refusing and she wants more form remaining property, and we are willing to give her some money as gesture and she is refusing an only wants share land.
1. should we go ahead and partition between our self without her consent
2. do we really need her consent?
3. is there any way we can convince the court that my father bought land and jewelry for his sister also most he did everything to his sister equally.
4. there are plenty of people witness to my father’s contribution to his sisters family, but only oral, nothing documented.
5. if any documented evidence required what kind of?
6. what will be the legal consequences if she wants to go to court?,
Mani
