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Family Property and Will issue


05-Oct-2023 (In Family Law)
My grandfather: >4 Sons, 2 died in 90s unmarried. My father died in 2014 & 2 married daughters His Property: 7 Acre Lands and 6 Houses My Uncle is a Government employee and he gets more than 50k from rent from those 2 houses + he has hold on the Land as well from which he gives us only 50k per annum. He has two daughters (unmarried). He is partial and loaned outside ca. 25Lakhs but from us he expects to pay e-bill and even he asks for small amount such as Rs. 100, 500 or 1000 etc. Will distribution: 3 Lands & 2 houses to Uncle 3 Lands & 2 houses to us. 1 Land to himself and 2 houses divided among us due to rent. The Will is stamped from Registrar but status is not locked? I've the Original papers somehow. Today he made the statement that he won't give anything to us until he lives. And everything is under my Uncle's control. What Uncle & GF want to do after Land Pooling: 80% to Uncle 20% to us. 80%: His share, GF share, two daughters share How to solve this peacefully?
Answers (2)

Answer #1
873 votes
It seems under the present circumstances that filing a suit for partition will be the best possible option for you and your family. The same shall be the best possible way to resolve this dispute peacefully.
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Answer #2
699 votes
If you want to settle the issue without getting into litigation, you can approach the Delhi High Mediation Center for Pre- litigation settlement by moving an application stating that you want to explore chances of amicable settlement without going into litigation. It will issue notice to you uncle to join proccedings in mediation center. In case, you uncle joins the proceedings, you will get a platform before mediator where both parties try and settle their issues. In case a settlement is arrived between the parties, a conciliation agreement is executed which has a binding force. If your uncle doesn't join or no settlement is arrived, you can file a suit. For all properties coming from your father, all sons and daughters will have equal share (unless somebody relinquishes their share in favour of other legal heirs).
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