Dividing of properties

indu (Querist) 10 June 2014 This query is : Resolved
Hello friends,

My father and uncle are two sons of my grandfather.

My father is a tax auditor while my uncle is running the family business after expiry of grandfather.

Both father and uncle lived jointly since from birth till last year.

Many landed properties have been acquired during the lifetime of my grandfather..

Some are in the name of father, some are in the name of my uncle and some are jointly named..

While my father is having his profession while my uncle is running the family jointly business in which my father and family members too have deposits..

My father is willing to offer and share equally his entire earned income..

How to distribute jewelleries, monies and landed properties peacefully.

Please guide me..

Thanks a lot in anticipation..

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ajay sethi (Expert) 10 June 2014
contact a local lawyer . enter into deed of settlement . have it duly stamped and regd

Rajeev Kumar (Expert) 10 June 2014
Enter into family settlement and prepare a settlement deed get is registered.

Raj Kumar Makkad (Expert) 10 June 2014
The best solution is to reach to a family settlement and make it as a decree of the court as per Legal Services Authority act before litigation.

Rajendra K Goyal (Expert) 10 June 2014
Agree with the experts.

indu (Querist) 10 June 2014
My uncle is expecting 75% share of all the properties, monies, jeweleries that are acquired during the lifetime of my grandfather. Is his claim lawfully right?

Raj Kumar Makkad (Expert) 10 June 2014
No. His claim is totally illegal in view of the reply offered to you.

T. Kalaiselvan, Advocate (Expert) 11 June 2014
A family settlement in the presence of family elders and preferably being witnessed by a senior lawyer, who may even be consulted over the disparities while the partition process is going on, will be a better solution for an amicable situation.

Biswanath Roy (Expert) 12 June 2014
On what basis your uncle is expecting 75% shares in the property? To minimize the possible future disputes and differences it is advisable to take direct help of an elderly person in your family to mediate the apportionment of shares of goods and assets in the deed of family settlement.

Raj Kumar Makkad (Expert) 12 June 2014
Legally you uncle cannot demand desired share rest depends upon your mutual consideration.

krishna mohan (Expert) 13 June 2014
You may take the help of family elders (whose word will be respected by our uncle) to have an amicable settlement and then have a proper settlement deed as advised by experts. If not you can identify an arbitrator who is acceptable to every one in the family to settle the issue and have the process completed through an appropriate arbitration agreement with the help of a local lawyer.

indu (Querist) 13 June 2014
Respectful thanks for all the kindful advice & suggestions of Sri Raj Kumar Makkad, Sri T. Kalaiselvan, Sri Biswanath Roy.
Sharing and guiding is divine..
Keep up the good work..
Thanks again..