Legal Question in Intellectual Property in India

Need immediate suggestion please..

I am Nanj from bangalore, my grandfather had only one son(worked as police) and had adopted a son (no legal document in adoption)(worked in firm)lived in an joint family.In the year 1930's my grandfather and uncle has brought a residential land (olden days - no dimension specified)but in the name of my uncle.Complete area is around 3000 sqft.

My Uncle has one son(now nearing 70 years)and am the only son of my father.

While after these many years, in 1989 Uncle's son has given my dad 19*29 sqft showing that its selled to my dad.

The remaining 2500+sqft land is occupied by my Uncle's son.

Actually it should have been an equal partition Kindly suggest me on this stand.

Grandfather

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My Father My Uncle(Adopted son by Grandfather)

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Me(Only Son) Cousin Brother(Only Son)

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3 children (all Majors) 4 Children (all Majors)


Asked on 8/24/13, 10:56 pm

2 Answers from Attorneys
ChandrashekharVithal Jadhav

Hi sir, your grand father and your uncle has purchased the above said property in the joint name, it will be amounts to contribute the joint family property, your father has right to over the said property in equal share, you have to get your father share as ancestral property in your name... as per your query you there is no partition in respect of the same you have to file civil suit for partition before the jurisdictional civil court by claiming your equal share in that property... if you want legal assitance to conduct the case pelased to contact me... my address is as follows; Chandrashekhar Vithal Jadhav, Advocate, No.294/274, 1st Main Road, Beside Srirama Bhajana Mandira, Karekallu, Kamakshipalya, Bangalore - 560079, Mobile No.9980262207... thanks..

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Answered on 8/25/13, 12:29 am
Fca Prashant Chavan Expert Edge LLP

25.08.2013

Dear Nanj,

The fact that the land was purchased in the name of your adopted uncle is important and cannot be overlooked. Simply because there would be plenty of reasons for it. If the land was in the name of your grandfather, then yes, your father and your uncle could have pressed for 50 - 50 partition, and you would surely have had a say in your father's 50% ownership. Unless you have the means to literally prove that your grandfather had actually paid half the amount for purchase of the land, it is futile exercise pursuing the matter now.

Regards,

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Answered on 8/25/13, 2:04 am


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