Since it is not possible to enjoy the property jointly, you can issue a legal notice to your paternal uncle to agree for an amicable partition to divide the property and to have separate possession of each individual's share in the property. 

If he is denying or refusing to the concept of amicable partition yo may file a suit for partition seeking division of property in two equal shares by metes and bounds  and to allot  one such share to you and your mother  and also you can file an application in the same suit seeking injunction order to restrain your uncle to not alienate  or encumber the property in any manner till the disposal of the main suit for partition. 

You may consult a local advocate and proceed as suggested. 

If he is not interested in partition then file a partition suit making all the shareholders a party to the suit.

You need to file partition suit in the said case

File suit for partition for division of property by metes and bounds 

1. Brother is not Class 1 heir of a Hindu male who dies intestate.

2. You can file a suit for partition if your uncle is not ready for partition.

1. Assuming that your grandfather and father passed away intestate ( without executing a WILL ), then the property gets devolved equally to your father and his brother ( assuming that there are no other siblings ).

2.  In other words, the property has to be shared between your father and his brother,, I e., 1/2 share each. In view of your father's intestate death, your mother and you are entitled to equal share in this 1/2 share of your deceased father, i.e., 1/4 share in the entire property to you and 1/4 share in the entire property to your mother. Your father's brother will get 1/2 share in the entire property.

3.  To obtain partition of the land send a legal notice to your father's brother and if it does not yield positive response, file a suit in the jurisdictional Civil Court for Partition, declaration and separate possession of the property by metes and bounds.

Dear Sir,

If you wish you can approach Civil Court for partition or enjoy properties which are in your possession.

- If your grandfather has already died, then his property can be claimed by all his legal heirs i.e. his wife , son & daughters equally. 

- Further, if there is only two children , then they will have equal share in the property 

- Further, after the death of your father his 50% share in the property will go to you and other siblings with mother if alive .

- If your fathers elder brother is not ready for partition , then send a notice to him , and on refusal approach the court for getting the share of your father after filing a Partition suit  

Dear Sir/Ma’am,

1. Send a legal notice to enter into an amicable solution and part with the property as per individual shares.

2. When he doesn’t agree to the same, file a suit of partition by metes and bounds for 2 equal shares.

3. Under the same suit, you can file for injunction – to stop your uncle from encumbering the property in any manner.

Thank You

• For further assistance, you can book a consultation with me.
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