As it is a joint property, your father can file a suit for partition and get his individual share separated. The suit can also be filed without taking consent from other co-owners. Once the property is partitioned, your father will have his independent share, and his brother will no longer be able to hold possession of the said share.
FAQ Category: Partition
Will I be required to travel to India to file a partition suit?
No, with the assistance of our team, you can file the suit without travelling to India. This can be done by appointing a Power of Attorney holder. Through this, the case can also be supervised and managed by a team.
Can a partition suit be instituted by a person residing outside India?
Yes, a suit for partition can be instituted by a person who is not residing in India, provided such person has a right in a joint property situated in India.
If my family is not ready for consensual partition, on what basis will the land be divided by the concerned legal authorities?
In case there is an absence of family settlement at the time of partition, the land is partitioned by adopting the principle of good-to-good and bad-to-bad land. On the basis of this principle, the land is distributed amongst the co-owners, and they are granted a share of equal value.
What process is adopted by courts in case it is not possible to divide the property into individual saleable shares?
When a suit for partition is filed, the court appoints a local commissioner who inspects the property and submits a report. On the basis of this report, if it is ascertained that the property cannot be divided into individual saleable units, the court might order for the sale of the property, and the proceeds from the sale are distributed amongst the owners.
Where are the cases filed for partition of constructed properties?
For the partition of constructed properties, the cases are required to be filed before the civil court having appropriate territorial jurisdiction.
What circumstances lead to the institution of partition suit?
In case the co-owners are not in consensus for partition and any one of them wishes to go for partition, such co-owner can file for a partition suit to get the property divided into individual shares.
Where are the cases filed for partition of agricultural lands?
The cases for partition of agricultural lands are filed at the office of the Tehsildar under whose jurisdiction the land falls.
Can partition be done for residential property?
Yes, a partition can be done for all types of properties, i.e., agricultural, residential, or commercial.