My father, his elder brother and his younger brother..all the 3 used to do joint business i.e. Kirana shop. 3 of them together used to run 2 different shops at 2 places for 15 years. The properties they earned during this were registered under each of their names, few were registered with 3 of their names together. Due to few fights, they got separated and my father got few properties which are under his brother's name. They have written all this in a normal white paper ...like who got which property etc...this paper was signed by my father and his brothers and als few people whom they 3 of them know as witnesses..Actually all the original documents are with his elder brother..Now my father's elder brother is not accepting for that agreement. How should we proceed..Is this paper accepted when we go to court....Please help us.
as all the properties are acquired out of the earnings of joint family busineess, the same shall be treated as joint family property and all the brothers are entiled to equal shares. A contention can be raised that the white paper on which the properties were distributed is memorandum of oral partition and it does not require any registration. So let you father, file a suit for partition
(1) I heard that it takes many years to get resolved. Can you please tell me how much time would it take if i go to court.
(2) Even if it takes much time...will there be immediate action like no body should use the properties till it gets resolved etc...because right now we get rents for few properties and only my dad's brothers are taking it. my father is losing it in that way too.
(3) All the properties earned during this joint business, few properties are on combined 3 brothers names, and few are on individual names. If my father goes to court, how will the court distribute..will it put equal shares to 3 brothers or will it just give the property to whose name it is assigned to each brother..