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Division of family property which is owned by one of two brothers
06-Jun-2023 (In Property Law)
We are a joint family. I have a grandfather, an uncle and his family, my mother, and a sister. My father died recently. Many years ago, all of us agreed that my uncle would handle and expand our real estate business which would be done by the proceeds from sale of our family's agricultural land in our grandfather's name. Now my uncle holds many properties and does other activities. My immediate family including my mother, sister and me dont hold anything in our name. How can we claim our share in the propertie provided that we dont know how much assets our uncle has and where he invests money?
hello client as i can read ur issue it is very important issue in front of you. yes it can be done to get the full details of the properties which is been holded by your uncle where he has invested money but for tht we need to get understand the full sinario of the business done by your uncle it can be done but it will be possible by the help of the court only to get all the assets transphere in to your name as at present nothing is there on your own name because you have agreed mutually tht your uncle will see your over all real now estate business
now you the option to optain ownership tht is only possible by the help of the courg only .
Helpful?
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Dear querist,
Since you mentioned that it is a joint hindu family which as per law is a HINDU UNDIVIDED FAMILY. Just in case, if its a HUF then your uncle is the karta of the family and whatever the income of the family is and the proceeds have to be disclosed by the karta of the family. For that, in my opinion, you have to first send him a legal notice asking him to disclose the share in the property as per the hindu law requirements. However, in case what you are seeking is a division from the HUF then you have to file a case in the court of law for the same.
Helpful?
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Hello, I have perused your query.
In such circumstances if property of the family is ancestral in nature and is not subjected to any will ever made then you have an option to claim your share in the said property by virtue of filing a partition suit in a civil court of law.
If the property is self acquired in nature and it does not make part of any will in the family then also shares will be divided equally amongst everyone. This also can be done by seeking partition of the estate in a court of law .
Property will be divided on the basis of survivorship as per the Hindu Succession Law.
For any further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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