Disput in asset sharing between brothers

Mahalingam (Querist) 07 August 2013 This query is : Resolved
Hi

Let me explain my case

My father and his brother has a dispute in dividing property.
the properties in dispute all bought while both of their families lived together as Joint family. i mean the properties bought from both of them earnings. However, my father's brother was clever enough to write some of those assets in his name. my father just has trusted his brother since he is not that much educated.

during 1990's the family is divided and all the common properties got divided. however, none of the documents got changed since then and we started to use them seperately.
most of the lands are Agricultural land. and we both enjoying benefits since the division.

After 18 years, my father's brother and his all 3 sons are threatening my father that if my father does not act on their will (must agree to a settlement of a land on however the decide) , they will assign nominee as his grandson's for all the properties and write a will on their names including the assets we are enjoying since the division of the assets.

based on my query, i have the following questions:

1. what legal grounds my fathers' brother has to do what he wants to do such as writing the will on his grandson's Name?

2. what are the legal options my father has in order to fight this case? does my father hold any legal ground at all, considering the properties in dispute are in his elder brother's name?

3. what legal rights i have on the properties of my father's share even though it is not in my father's name?

thanking you

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Deepak Nair (Expert) 07 August 2013
Better to visit a lawyer with all the property documents including the receipts of property tax etc.

R.K Nanda (Expert) 07 August 2013
take help of lawyer personally.

Rajendra K Goyal (Expert) 07 August 2013
The property which is in the name of your fathers brother, your father or you may not be able to have any portion from it. The property which is in joint name would be equally divided between your father and his brother provided any thing contrary exists in the documents.

Raj Kumar Makkad (Expert) 08 August 2013
As the partition is not baed upon any document and the partition has not been entered in any revenue record and still the ownership of almost all properties is in the name of your uncle so he is threatening like that and even his threatenings can be got executed so it is better to get the partition in papers and draft a family settlement and get a formal decree of court to that extent.