The legal process to make proper division of joint family property?
My father has only one brother i.e. it is only a two brother family. My grandfather and grandmother are dead. There was no WILL prepared by them for the division of the property. I am the only son of my father and my uncle has three sons. Now the problem is that my uncle wants to divide the family property into 4 parts. He says I have to take 1/4th of property and my cousins will be taking 3/4th of property. So I want to know the legal grounds of this issue.
What actions can I take? And if I file the case, what are the chances to resolve the dispute the fast and how long can it take?
If the property is a self acquired of your grandfather then the property will be divided equally amongst your uncle and your father.
Till the time your uncle and your father are alive, you and your uncle's three sons have no right on the property. The property first needs to be transferred in the name of your uncle and your father. Accordingly, after their death, you and your cousins can be the owner.
The legal remedy available with you is to file a suit of partition which will take a few years to finish. Other than that, you can convince them and execute a partition deed and can get the same duly registered before the sub registrar.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- will i get divorce on the ground that i married against my free will .
- Can neighbor demolish the common boundary wall
- Can government employee join as a trustee in a trust
- Validity time for registered family deed
- Want to marry a foreign national. What are the documents required?