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Yogendra Mishra (Manager)     19 July 2012

Help regarding property division

Dear Sir,

I am facing problem regarding property division which took place in 1997 between my father and his elder brother.

My grandfather got a home in Village which is situated in Uttar Pradesh District Kaushambi, after the death of my grandfather my father and his elder brother(They are only two brother) exchange that house with someone in village by giving own house(99642 sq mt), and purchase some land(99642 sq mt) nearby that house which is unnamed the money taken from someone else to purchase that land by the elder brother of my father was given back to that person by my father who send money to his elder brother for returning money(No Evidence we have for that transaction) after that we purchase some more land when we are in joint family(33214 sq mt). At the time of division of property they divide only house we got(49821 sq mt) and then they said we do the rest of the division after sometime. Now they made construction on rest of the land and said that is purchase by us and you do not have any share in that land. We live in delhi on rent for more than 30 years and they are saying we gave you whatever you don’t deserve that much also. My father was equally particaped and given money in all their need ( No details for Transaction)  and now they are not giving us anything apart nearby  ¼ share in house( we around got 49821 sq mt out of 232500 sq mt).

The problem is no one even panchayat of that village helping us for a fair division of property because they are favouring the elder brother of my father because they have good understanding with him and he live in village and we only visit village once or twice per year for short period. They also have gunda type of people so they always try to harm us when we visit our village.

 

1.       I need help regarding what we can do for fair division of property by law

2.       What we can do for protecting us from them by law for harming us because U.P. police is not much helpful in our village & I want to know that what I can do before they harm us by law so that if they put any harm to us they will be prime suspect.



Learning

 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     20 July 2012

Dear Yogendra Mishra,

 

This is Adv. Rohit Dalmia from Mumbai. I have gone through your statements and feel that if you have any problem about partition of assets then you need to file  a suit in the High Court at UP for Partion of Family Assets only. In this you need to prove what asstes belongs to your Grandfather by giving documentray evidence and you can ask for the fair division or auction of the property by which you shall be paid your share in the property.

 

In this case no one can object for partition of the family assets.

 

Regarding your issue related to the Threat to your life and your family members, you need to file an NC with the Local Police station of the U.P and if they do not take your complaint then you need to write to the Senior Officers, DCP, Commissioner of Police sent through by Registered Post for their intervention so that the local police station takes your complaint.

 

For any legal assistance you may call on  09324538481.

 

Regards,


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