How to ensure proper payment for uncle’s share in property dispute?

The Court Commissioner gave a report that the property cannot be divided by meters and bounds. As per the preliminary decree, my father has 75% share (3/4th) in the property, and my uncle has 25% share (1/4th). The judge asked us to settle the money my uncle’s family receives, if possible. My uncle is no more, and his wife and 4 adult sons are involved. Both parties agreed on Rs. 8 lakh for my uncle’s 25% share (wife and 4 sons). Only one of my uncle's sons is attending the court on behalf of others (my aunt and his 3 brothers). My uncle’s family (aunt and 4 sons) is involved in the property dispute. Our concern is that if we pay the money for my uncle’s share to the son attending the court hearing, he might not share it with the others. What steps or precautions should we take to ensure proper payment? Is it possible to deposit the amount in court? Will the court give us at least 30 days’ time to make the payment?

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Advocate By LEAD INDIA Answered: 07 Mar 2025

To protect your interests, ensure the payment is made via a legally binding document, such as a cheque or bank transfer, with a receipt. If the amount is paid in court, request the court to hold it until all family members agree. You can also ask the court to extend the payment deadline if necessary. For further legal assistance contact us on our helpline number. 
 

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