# Uncle Took Father's Share in Property: Legal Remedies

> Your uncle took your father's share in property? Learn how partition suits, family settlement and injunctions work under Indian law and what you can file.

Source: https://sudhirrao.com/insights/father-share-in-property-denied-by-uncle  
Author: Sudhir Rao — Advocate, Supreme Court of India  
Category: Property  
Published: 2026-09-20

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#### One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

**Note:** Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

**TL;DR:** If a shop was bought with your father's money but registered in your grandmother's name, a power of attorney taken by an uncle does not make him the owner, and a nominee entry does not either. Your father's share in property can still be claimed through a partition and declaration suit, along with an urgent injunction to freeze the property before redevelopment begins. Move before the limitation clock runs out and get the family papers in order first.

The shop sits in a busy Nagpur lane. Three brothers bought it years ago with their own money, but the sale deed was executed in their mother's name. Nobody thought much about it at the time. That single decision is now the whole problem.

The family divided some years back. The grandmother, Shantabai Joshi, moved in with her second son, Vikram

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_This is the AI-readable Markdown version of an article published by the Chambers of Sudhir Rao. It is general legal information, not legal advice. Canonical page: https://sudhirrao.com/insights/father-share-in-property-denied-by-uncle_