Legal Question in Family Law in India
please advise
hello sir,
I have an unfortunate situation before me please help me............my grandfather has five sons my father being the eldest. all are engaged in different businesses we have a joint family no formal or informal partition has been done....every male member (my grandfather, father, uncles) have formed HUF and file IT returns for HUF & individual.
the family properties are owned jointly as well as individually by different members including me.
one of my uncles(A) who does business from a shop owned by my grandfather (he does not have any other income from job etc) he(A) has another shop on his name individually he says this shop is on his individual name n this will not be included in family partition everyone else is against this he(A) will not listen to any elders ,relatives regarding partition he(A) intimidates my grandfather so a will by my grandfather is very rare possibility.......
the properties have been purchased from time to time by joint family money based on availability of capital on a members books of account.......other members have properties individually too but agree that all properties are joint family properties regardless of owners name (all properties were purchased by mutual consent) ...
3 Answers from Attorneys
Re: please advise
in this situation, you simply file a suit for partition and include the shop as well in the list of properties to be partitioned. once the court grants stay against creating third party interest, your interest would automatically be protected. regarding ur uncle's threatening, you may seek police help.
Re: please advise
Your case is a little bit complex to judge,nevertheless you have to seek relief by filing a petition in the court for partition if the netire family members agre to it.Usually your type of cases can be solved easily in a panchayat comprising of five members whom the entire family regards as elders and give due respect to the panchayat.You have to make confirmation of one thing that whether the shop No.2 of your uncle was out of the joint income or from the sources of his in laws(wife side),then you can pile up all properties together and divide as per collective consent of all members of the joint family.
Re: please advise
file suit for partition.
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