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?

Answers (1)


50 votes

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.


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