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How to legally resolve the Property Dispute Between Brothers


31-Aug-2023 (In Property Law)
Hi Sir/Mam, So there is an issue related to property between my father and uncle. We have a big plot which is in the name of three persons, one is my father, second is my uncle & third is my aunt (uncle's wife). So what my father now want is to get his share of land from that big plot which will be only in his name, now the question arises how that property will be divided will it be divided equally into three parts or in any other way, as such I'm concerned there is nothing in the papers related to the amount of share each person has, it's just that the plot is in name of three people. ? Another thing is that my uncle is not getting ready to separate the property but my father really wants it separated so how can we proceed in that case? And he is also trying to acquire more portion of it than 2/3 which equals his and his wife's share how can we stop that legally? Please help..
Answers (3)

Answer #1
694 votes
It's easy matter. your uncle is not understanding. Property distribute in equal part for two brothers, but aunty part is combined in your uncle part and your uncle part is your aunty part, If property is purchased by your Grandfather. If your uncle is not understanding, you can claim for distribution.
Answer #2
897 votes
In the given facts and circumstances of the case you should go for filing a partition suit for the plot and claim your 1/3 share.Alongwith suit file an injunction application for maintaining the status of property as exist today.
Answer #3
807 votes
According to you nothing is mention in title deed so property will divided in three equal parts.... If your uncle is trying to acquire more than his portion then u can easily file a civil suit for division nd separate possession against your uncle.

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