• To get back my portion of land of my choice

My father's property (Land) was in the name of to 6 brothers (without demarcation) out of 4 brother donated their portions to my younger brother without my knowledge, my portion still is with my name. As because am not staying at native my younger brother took advantage to grab the full property and not ready to handover my portion mutually.
I need my portion back such a way that, I can built a house legally not on younger brothers mercy.
Ten years back our area was under Panchayat area, now is under Municipal area, during conversion  younger brother given mutation to Municipal office that, entire plot in his name by omitting my name and paying municipal tax including my portion.
My Question is: 1) How to get back my portion. 2) Where to complaint. 3) What's the procedure. 4) How long this dispute will continue if its the court matter. 5) Can I get a portion of my choice.
Asked 7 days ago in Property Law from Thane, Maharashtra
Religion: Hindu
You can file a suit for partition and specific performance in court.. The proceedings may take time as its a civ
Hemant Chaudhary
Advocate, Gurgaon
227 Answers
0 Consultations

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As its a civil case.. You should also apply for stay , in which court will restrain your brother for selling or alienating your property . He will not be able to create any third party interest..
Hemant Chaudhary
Advocate, Gurgaon
227 Answers
0 Consultations

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1. What happened to your father? Is he alive? If he is not alive then on his demise his share devolved through intestate succession (if he did not make a will during his lifetime) on his class 1 heirs equally i.e his mother, widow and all children. If that be so, you are free to file a suit for partition to cull out your share therein.

2. File a suit for partition in the civil court. The court will order division through metes and bounds.
Ashish Davessar
Advocate, Jaipur
20727 Answers
548 Consultations

5.0 on 5.0

1) file suit for partition for division of property by metes and bounds

2) seek an injunction restraining brother from selling the property 

3) suit for partition take 15 years to be disposed of 

4) also complain to revenue authorities for setting aside mutation of property done in name of brother as you have one sixth share in the property 
Ajay Sethi
Advocate, Mumbai
33605 Answers
1854 Consultations

5.0 on 5.0

contact a local lawyer 

number of lawyers on this website from West bengal contact any of them 
Ajay Sethi
Advocate, Mumbai
33605 Answers
1854 Consultations

5.0 on 5.0

You would need court orders as your brother is not interested in amicable settlement 
Ajay Sethi
Advocate, Mumbai
33605 Answers
1854 Consultations

5.0 on 5.0

Hello,

you will have to file suit for partition for division of property and seek an injunction order your brother from selling the property; disposal time depends on various factors and usually it takes 10-15 years also with regards to mutation you can give a written complaint to the revenue authorities, since you have 1/6th share in the property. 

Regards 
Anilesh Tewari
Advocate, Lucknow
965 Answers
11 Consultations

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File a suit for partition and stake a claim on your share. This case can take anything in between 2-5 years. If your younger brother has encroached and occupied upon your share of land as well, report the matter to the police and ask them to take lodge a FIR against your brother. 
Vibhanshu Srivastava
Advocate, Lucknow
308 Answers
1 Consultations

5.0 on 5.0

My Question is: 1) How to get back my portion. 
File a partition suit and seek yor share in the property divided  by metes and bonds.

2) Where to complaint. 

No complaint is maintainable, file a partition suit.

3) What's the procedure.

Consult a lawyer who will guide you properly on this.



 4) How long this dispute will continue if its the court matter. 

It may take several years to get disposed.



5) Can I get a portion of my choice.

No, the court will divide the property as per law and allot you an equal share.
T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

5.0 on 5.0

The property is in West Bengal, India

The civil law is applicable through out the country.

T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

5.0 on 5.0

Both Father and Mother are no more, Younger brother already constructed house on the plot, never bothered to ask me what to do about my share.He is not trying sell the property.
Can municipal authority within their jurisdiction can settle the matter?

Municipal authorities have no jurisdiction to this civil matter, you have relief only in partition suit in a  civil court.
T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

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