Land dispute case
5 years ago
What are the proceedings should be made if my uncle( my father's brother) doesn't not give the share of the property to my father.?
Adv Shrikiran B
Responded 5 years ago
Your father may need to file partition suit in the civil court of jurisdiction for dividing the share of both your father and his brother along with other legal heirs if any.The court will order partition of the property and your father will get his share in the property.
Mohd Imran
Responded 5 years ago
Please clear your question that whether it is movable property or immovable property. Further please clearfy that if it is immovable property thsn whether it is ancestral one or self acquired property.
Ved prakash Shaw
Responded 5 years ago
Nirmal Chopra
Responded 5 years ago
Subam Raj
Replied 5 years ago
Sorry sir for the incomplete information in the previous message. I'm subham residing in Chennai. And my native is in Bihar. My parents are staying in the small village in bodhgaya. My father is the fourth son(last). My grandfather was owning the land in the village market Street. But those lands didn't have patta or any kind of document. In which my 1st paternal uncle said he doesn't need his share as he has occupied other land of ours. Our second paternal uncle is not interested in it. Now 3rd paternal uncle is saying that he doesn't want to give this land to us. The main thing is that other two uncles are supporting the 3 rd. So we are finding hard to get our own share.
Nirmal Chopra
Replied 5 years ago
If the property was left by your grandfather without a will, then it has to distributed as per schedule of Hindu succession Act. But if there was a will in favour of your father, only ur father has a right over it.
Subam Raj
Replied 5 years ago
But how can we claim it sir.. it has no documents or any proof.
Nirmal Chopra
Replied 5 years ago
If ur grandfather's title was not disputed, then ur father will get share as per Hindu succession act . u shall have to apply for succession certificate from the court.
Subam Raj
Replied 5 years ago
Thanks for your support sir..... But now the situation has become even more worse. my father went to stop the construction of the pillar in the land and eventually violence broke out. Both the side, they are injured. We went for giving complaint but before we reached Other side uncle's wife gave false complaint that my dad and my brother attempted to murder and harrass her and her sons
Nirmal Chopra
Replied 5 years ago
It is better u seek personal consultation for better and correct guidance.
Nirmal Chopra
Replied 5 years ago
If criminal case is registered it is a separate proceedings. It has nothing to do with property rights.
Subam Raj
Replied 5 years ago
Thank you so much for your support... I would seek a lawyer nearby. Thank you once again sir:-)
Ashish K Dongre
Responded 5 years ago
Subam Raj
Replied 5 years ago
Sorry sir for the incomplete information in the previous message.
I'm subham residing in Chennai. And my native is in Bihar. My parents are staying in the small village in bodhgaya. My father is the fourth son(last).
My grandfather was owning the land in the village market Street. But those lands didn't have patta or any kind of document. In which my 1st paternal uncle said he doesn't need his share as he has occupied other land of ours. Our second paternal uncle is not interested in it. Now 3rd paternal uncle is saying that he doesn't want to give this land to us. The main thing is that other two uncles are supporting the 3 rd.
So we are finding hard to get our own share.
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