Legal Question in Civil Litigation in India

My grandfather had purchased a land in 1937 measuring 70 decimel(35 Khata).he had 2 sons.one my father and my uncle.since his demise in 1984 both his son had a peaceful possesion of the land.Now because of urgent need of money my father wants to sell of the part of the land belonging to him(17.5 khata).My uncle is not willing to sell the land nor he is intrested to take the part of land belonging to my father.In such a case my father wants to divide the land into 2 equal portion and sell of his part(belonging to my father).My uncle is now insisting that he will not divide the land nor he will sell it nor he will purchase my fathers portion of the total land.
Ques.
1.How can we make a partition of the joint land between my father and my uncle in case he is not willing to make the partition? 2. Is there any legal way to sell of the part of the land belonging to my father? what are the legal formalities involved?
Please advise as soon as possible.
Subrata Ojha
91-9470371488

Asked on 9/06/10, 1:24 am

Vishwa Arya Arya & Co.

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your father has to file a case for partition in the court, if uncle does not agree. sale can take place only after partition.

Answered on 9/11/10, 11:55 am

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