Property Sharing Btw Brothers
My dad has 3 male and 2 female siblings, so including my dad there are 4 sons and 2 daughters to my grand dad. there is only one small house, and a little agricultural land. about 15-18years ago, in presence of village elders, there was sharing process. as we are 3 daughters to my dad and only my dad and mom took care of my grand parents, the house was given only to my dad. and the agricultural land was shared btw all 4 sons of my grand parents. as the house was very old and because of the heavy rain, some part of the house collapsed. and we reconstructed almost 50% of our house and spent approx 3 lakhs. we lost our dad in an accident 4 years back, and now my uncles, siblings of my dad are asking the share in our house. and one of my uncle keeps coming to our house when my mom is alone and starts fighting with her. and there were no registration/legal document done during the last sharing of the assets, 15-16 years back. Can you suggest how we can tackle this problem, correctly/legally?
Free Legal Advice - property dispute
Posted by: chandrakala
Posted on: 2019-06-10
With respect to your query, the legal opinion is as under:- (1) It is most unfortunate that there is no documentation about the alleged family partition in which the house was given exclusively to your father. (2) So the factum of oral family settlement shall have to be proved before the Court on the basis of oral evidence. (3) You should file a suit for injunction and declaration that your father was given the house in oral family settlement. However the success in suit shall depend on reliability of oral evidence given by you (4) Oral family settlement is recognized under Hindu Law. So your case is not hopeless. The oral evidence of senior persons from your village in whose presence the family settlement took place can prove the validity of family settlement. (5) As you are in exclusive possession of the house and you have spent the money for its reconstruction, it will go in your favor if these facts are proved by convincing oral evidence.
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