My Grandfather has 2 sons and 2 daughter's, he died in may 2008 and from that time the matter of division of Ancestral property is pending within family decision due to mutual benefit and other decisions. My father being the elder son of the Grandfather had asked my uncle several times to cooperate and do the division and let both get their amount of share. but the problem is My uncle is not ready to divide the property.
My father has also asked third party relatives to convince him but my uncle is stubborn and not accepting the division of the property.
*After some months ago My father has filed a suit for division of Ancestral property in the SDM court for legal division and marking of Property. But the Court is also taking a long time the lawyer is saying that the case is new let it become an old one till than Relax.
Please Guide me What could be done in the above scenario If my Uncle dosent accepts for division of Ancestral property, and if he dosent presents on the date of Argument what will be the Proceedings?
Approach civil court by way of the partition suit. SDM has no power to pass any decree partitioning the property. If any party or their lawyer does not appear in case then court has power to proceed exparte.Consult a good lawyer with details.