Legal Question in Real Estate Law in India
Dear Members,
I am resident of Bihar. My father was the Karta of the joint family. After father�s death (mother is at the age of more than 80 yrs) my elder brother (retired form Army) is taking care of all properties and business as Karta. My 2nd brother died in 1991, left two sons (20yrs & 27 years) and two daughters (21 yrs unmarried & 32 yrs married). I retired from Indian Air Force in 2009. I have two sons (30 yrs & 26 yrs) and only unmarried daughter of 25 yrs. Elder brother have two sons (40yrs & 45 yrs) and two daughters (42 yrs married & 43 yrs married).
After retirement I want to settle down in my native. But when I came to native surprised to know that my elder brother along with his sons fraudulently transferred almost all the property especially in the name of his sons. Now they are telling that you have very little share. They don�t want to give share in residence.
As a fact before retirement we always visit the native but as faith never inquired the things. At this stage I am in great strain. Whatever they have acquired, acquired form joint family property only. In boosting the family 2nd brother play key role today his & my families are suffering and elder brother�s families� members are enjoying.
Know please suggest how can the partition will be done even my mother is living?
As they are now very dominating so how can I proceed for partition? Other than partition no solution is there.
Kindly help and oblige.
1 Answer from Attorneys
you have to file civil case and the criminal case against your brother.
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