Compensation for Land Acquisition for jointly owned farmland
We are an NRI family living in California. My father owns 5/16 share in a joint khewat farmland in Punjab. The ancestral land is under 'mushtarka khata' or joint ownership with a total of 19 different owners, descendants of various grand-fathers. According to the Jamabandi, specific Khasra numbers are assigned to be cultivated by different co-owners, for the past 30-40 years. However, the entire Khetwat is co-owned according to their shares by the co-owners.
Recently about 4 acres of the land got acquired by NHAI(National Highway Authority of India). The compensation of the 4 acres was given out to all the co-owners based on their share. Since my father has the most share (5/16) we got the most money. One of the co-owners who was cultivating the specific khasra number which got acquired wants us to give all the compensation amount to them because they allege that since none of the land we were cultivating got acquired, therefore my father do not deserve the compensation amount.
My first question is, is my father legally entitled to the compensation amount since he is a co-owner of a joint/'mushtarka khata' property, even though the khasra numbers that got acquired were not under his cultivation?
To force us to give up the compensation amount, the above co-owner forcefully took possession of our khasra numbers and our home in India. What actions can we take to take back possession of our land?
Asked 8 years ago in Property Law
Religion: Sikh