Hi,
I am based out of Kolkata and the properties in context are in Dhanbad. This both a case of partition and of dispute. We have ancestral property co-owned by my late grandfather and his brothers. By an unwritten amicable partition in 1985 the properties owned by my grandfather were - a part of a land (which is illegally occuied by tenants; other part is owned by his other brothers), two shops (one of which was sold by my father's brother (hence on as 'uncle') in 1985 and reaped by him in his business and the other's rent collected by him since 1985) and an ancestral home which is resided by my uncle's family and they have built further on the property since.
My father has not got any benefits from his ancestral property ever since. We have been demanding our share of the properties from my uncle for past few years but he has refused. In the interim he had paid my father a below par amount without any records as a settlement. My father received only on pressure form other family members. How can we get my uncle to come to settle legally?
Can we claim rental incomes he has received from the one remaining shop for more than 20 years?
How to fairly value a house which has been remodeled by expenses incurred by my uncle without my father's consent?
Can we have proceedings in Kolkata courts even if property in in Dhanbad or will the case be transfered to Dhanbad anyways on my uncle's plea?
Sorry if there were too many details in this as I wanted the problem to be clear.
