Property

Dear All,

my father is not willing to give any share in our land it's came from my grandfather can i have any share

and how can get my share of land from my father please suggest me in a proper way.

1. The property is in whose name?

2. How did you come to know that the Govt. wants to recover the amount from his share? Who told you this?

3. Govt can recover its amount by selling the share of your brother but for that it has to follow due process of law. You will get appropriate notice to contest,

4, However, your share can not be touched,

5, Let your brother sell or gift his share to any of you before the property is attached.

I completely agree with Ganguly sir. 

In addition to the above opinion of ganguly sir:--if it is confirmed the govt really wants to recover the amount, it has to file a partition suit and then the govt will recover the share of third son only and it will not touch your property.  The court will partition as per your desire (other 3 sons).  If there is dispute among the 3 brother, the court suo moto partition according to its will. 

File a partition suit immediately to save your shares in the property.

Agreed with the views of Mr. Ganguly. The government cannot take away the land without giving notice, it has to ascertain that there is a right to a share in the joint property to the person absconding and after that they have to follow due process of law.  If you are more concerned about your share in the property, file a partition suit to secure your share.

Thanks for all reply

@ Answer for Ganguly sir's question:

1. The property is in whose name?

 - Property is in the father's name of all 4 brothers.

2. How did you come to know that the Govt. wants to recover the amount from his share? Who told you this?

 - Police came to house of Brother 1 and Brother 2. They took photographs of property and said that court can do so. They were also asking about Brother 3. Even we are trying to find him but till today we are unable to trace him.

3. Govt can recover its amount by selling the share of your brother but for that it has to follow due process of law. You will get appropriate notice to contest,

- No notice till today 

4, However, your share can not be touched,

 - thanks for this point

5, Let your brother sell or gift his share to any of you before the property is attached.

- please explain this point in detail.

I am son of Brother 4  and my father(Brother4) is not alive. I work in Bangalore and this incidence is of Jharkhand. I have few queries in this regard:

Q1)  How will I get notice from Govt when I don't stay there ? Can I query online from goverment ? Via RTI or something else

Q2) Will the government force us to divide the property ? 

Q3) Am I supposed to file a partition suit in local court in my hometown in Jharkhand. Can I do something from Bangalore ?

Q4) How frequent will be the hearing date of the partition suit ?

1. The Govt. will issue notice to your absconding Uncle & paste one such notice on the property. Try to get in touch with any of his colleagues to learn about such proposed action or future steps of his department to attach his share of the property. Try to find out the details from mthe police. Try also  to find out if such attachment can be doctored under your supervision for your buying the said share since Govt. will try to attach his share of the undivided property to sell the same to realise the required amount only and not for any personal use. In that case the said share will be yours,

2. Govt can not force you to divide the property. Rather they may file partition suit after getting the attachment order which you can challenge in the Court of law,

3. Do not file the partition suit. You will hand over weapon in the hand of the govt. Let the Govt file the partition suit which will take a long time. However, all suits in the regard will be filed at Jharkhand,

4. Filing partition suit by yourself will be detrimental to your interest. It will expedite Givt's takeing over the excatly partitioned property whereas they were to file the partition suit at their cost killing huge time.

@ Ganguly sir 

I need to understand 5th point of your first reply:

5, Let your brother sell or gift his share to any of you before the property is attached.

- please explain this point in detail.

At the time of posting my reply I was not informed that you are his nephew. I thought you are his brother.

However, if your absonding  3rd Uncle transfers the title of his share of the property in your name by executing a  Gift Deed or Sale Deed, before his share is attached by the Govt.,  then the Govt will not be able to attach his ahare of  the propertry which will belong to you.