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?
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father is entitled to compensation as he is co owner of joint property
2)file police complaint against co owner for criminal trespass under section 441 of IPC as he has encroached on your home and land . also file eviction suit against co owner
3) file suit for partition for division of land by metes and bounds
4) also seek injunction restraining co owners from selling land pending hearing and final disposal of suit
Your father is very much entitled for compensation as per his entitlement of share in the property.
If the share of property of the agitating party has been acquired, then he may be given his share of property by reorganising the partition once again so that he is not deprived of his rights in the property.
In the given situation your father can file a partition suit and claim his share in th property if there was no registered partition among all the co-owners or if there is no amicable decision arrived among them on this issue.
This will enable him to get a share in the property as per his entitlement.
1. Your father is the rightful owner of 5/16th of the acquired land for which he is entitled to the same share of the compensation awarded by the Govt..
2. They have forcibly trespassed in to and also occupied your father's property which is a criminal act on their part. Immediately lodge a police complaint asking the police to act against the perpetrators of the said crime and arrange to return possession of the said home to your father.Send copy of the said complaint to the local S.P. If police fails or refuses to act, file a Writ Petition against police inaction praying for relief.
