1) file suit for partition for division of land by metes and bounds
2) also seek injunction restraining brother from selling the land
3) court would not grant stay of usage of land but you can seek orders that income from land be deposited in court
Non distributed property usage
Hello sir, Need ur guidance if we can take a stay order on the usage of the undistributed agricultural land till the time it can be decided. Few months back, in presence of couple of family members we agreed for land and property distribution between 2 brothers. But post few months, before it got documented, my brother is not following on the final agreement and creating issues. We tried to settle the issue however he is adamant and not ready to understand. Cam we get a stay order for usage of entire land which is on both of our names till the time he comes to the table for the distribution.
Asked 7 years ago in Property Law
Religion: Hindu
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3 Answers
1.Any joint proeprty can best be divided among co sharers by way of executing and registering a deed of partition.
2.However iof any co sharer is not willing to do this and or is trying the sell the proeprty to frustrate the claim of other co sharers then another can file a suit for partition and injunction.
3.Once you get injunction order the stay on sale can be given though the aprties can use the proeprty if the remains under their respective possession.
You can file a partition suit claiming partition and separate possession of individual's share in the property which remain un-partitioned till date and also file an application under order 39 rule 1and 2 seeking ad interim injunction restraining the respondents from usurping or alienating the property in any manner including creating an encumbrance on it till the disposal of the partition suit.
Consult an advocate in the local and proceed.
