Legal Question in Real Estate Law in India

Dear Professionals, This query pertains to me; actually I am in the need of legal solution as well as way to proceed. Facts are as under:-

I am resident of Bihar. Till date our family is considered as joint family. My grandfather expired in 1999(grandmother surviving at the age of 80.), left three sons out of which my father is younger one and retired from Indian air force in 2009. Since grandfather demise my eldest uncle is Karta. My eldest uncle is retired army man and taking care of BRICK Business running from 1989, Fish ponds and all agricultural lands. 2nd uncle was expired in 1991 and aunty is working on compassionate ground in PWD, Patna.

Eldest uncle has two sons and two daughters. Daughters married in 90s�. Elder son married in 1995 and younger son married in 2006. Aunty is active in Panchayat politics.

2nd uncle (expired in 1991) left two sons and two daughters. Eldest daughter married in 2007 and younger one is studying. Elder son struggling in IT field and younger one doing aeronautical engineering from Kolkata.

My father survives with two sons and one daughter. Me (Married in 2009) eldest one working in Gujarat. Younger brother (Married in 2010) working in Pune and sister youngest one studying in Pune. My mother is house wife.

My 2nd uncle was key person in family after his demise situation changed and both sons of eldest uncle shifted to native place and intervene in family business. Brick business started in 1988 and the proprietorship was in the name to Eldest uncle. When his elder son shifts he took proprietorship transferred in his name not only that started exchanging land by way of ill practice surrounding to brick field. At that time transport vehicles were there but after selling all he purchased new tractors for brick business in his name. Now as a practice he got dominant status and transferred almost lands in his name. His younger brother running restaurant in Patna and there is also conflict between them.

After 2nd uncle demise eldest uncle family taken whole domination in family property and business. After retirement my father is trying to shift to native and now the situation is totally different. They (Eldest uncle family) telling that you people have no share in native.

Now we are at loosing part because eldest uncle family by way of fraud takes over charge of whole family. Not only this, but now whatever they have all are acquired from the income of Joint family property. At this stage eldest uncle cannot say that you people don�t have any property in native.

As 2nd uncle family is also helpless. Now we want our right share in the family properly. Eldest aunty is so cruel that she abuses every one and for a moment living with her is not possible.

As they have taken all control as well as domination in police and public authority. Please explain how we can get the right shares legally. Uncle is so political that favours to his family only. Now enough is enough and if we go there aunty and his sons starts abusing to us.

Now we and 2nd uncle�s family also want separation. As situation explains they will not give our share easily so we are ready to take all legal actions to take our shares.

Kindly suggest legal solution in Bihar scenario that how can we get the justice in acquiring the shares from joint family property.

1 Answer from Attorneys

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