- This topic has 14 replies, 8 voices, and was last updated 1 year, 3 months ago by
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UHello, I am from Kolkata, India
According to my grandfather’s will, our property was shared between my uncle and my father. We have some land and a house inside. We’ve been living peacefully, but since a few years, my uncle is trying to force my father to partition the land , and is subtly threatening by notices , etc. Most probably because, he has nothing in his bank account . What can my father do in this case ? -
DYour father doesnt have to do anything unless your uncle does something first.
But for starters its best to partition because once the next generation comes in, number of involved parties increase and then you need everyones approval for something to happen. Bad financial state can come to anyone. And the mental frustration of not able to touch his own rightful money drive people to violence and other nuisance
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UBut the uncle also has a right to the property,maybe pay him the market price and get it transferred to your dad?
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UThe thing is he lives in the 2nd floor and we live in the first floor. We have no restrictions as such in the house or the garden . It’s not that we are depriving him of anything . We are living in the same way , as we were living while our grandfather was alive. In fact, my father is the one paying the property taxes since my grandfather passed away. I have also added extra details.
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QYour father doesn’t need to do anything just cut ties with the uncle if your uncle goes to court he will get 50% share less the money your father spent on construction BUT as courts can take a very long time to pass judgement and cost money he gets nothing until then or when he reaches a settlement with you so don’t worry if he comes for settlement after filing a court case don’t compromise easily without him agreeing to your terms
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UThank you. Felt somewhat assured. My grandfather expected his children to live amicably, not this. Did not foresee this uncle being greedy, but this uncle has always been borrowing from people, this is probably his last resort.
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QMaybe someone who knows an advocate knows your uncle too and your uncle was assured of success but all your uncle is going to gAin is to lose money for advocate fees
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AImagine from the other side. Your is letting the property go to waste. Wouldn’t you want partition so you can save your share from being wasted?
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ABrooo Imagine you have random property xyz can be a farm plot or house. That random xyz property will deteriorate if not renovated or utilised. The value of the property is getting diminished. Why should your share of property get destroyed because of your partner? You have the right to ask for your share.
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