Legal Question in Real Estate Law in India
Dear sir,
My Great grandfather makes a will and in that he transfers his agriculture property directly to my father & uncle�s name and keeping my grandfather as a caretaker. This will was done around 1958. From that date till today all the satbara show my father & uncles name on it. From last 20 years after my grand fathers death, my uncle farming all the land and not providing anything to us. In year 2000 we file a case in court for separation & at that time my uncle asks my father to withdraw the case & we will separate the land by mutual understanding. & so my father did. But unfortunately my father not registers that separation document in tahasil & hence situation is as it is.
Now we again try for the separation But uncle say, that I will decide the partition & area. He is not ready for 50-50 separation and also he wants us to keep poor quality land instead of Bagayati. Else ask to go court again. Please guide me.
1) Can we get equal share in that land?
2) If they are not ready for equal share what to do?
3) Can I put stay on that land till the dispute over?
2 Answers from Attorneys
Advice, respectively, as follows:
You will get equal share since of your great grand father death.
You should start legal proceeding against your uncle.
You can't do do.
26.02.2014
Dear Sir / Madam,
1. Yes, You will have to obtain a Court order for separation and partition of the land in the name of your uncle and your father.
2. Let the law takes its course and let the Court decide the matter.
3. Yes, you may do it to expedite quick remediation.
Regards,
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