• Kindly solve this land dispute

*****READ CAREFULLY******

Dear Talented Advocates,

My dad's family is the owner of 120 biga land. There are 3 brothers including my dad. My dad's name is Mahesh & remaining brothers name are Rajesh & Suresh (name changed for confidentiality). 

We don't have good relation with each other, Rajesh and Suresh are uneducated aggresive people & lives in village whereas our family is completely educated. 

All the lands excluding three survey numbers are in the name of all three brothers. 

But their father(my grandpa) before he died, he divided lands for 3 brothers and wrote in a paper, which all three brother has.

Now problem is that Suresh took a loan of crores from the bank on one survey number, which consists of 10 bigs in which our land is about 6.5 biga & Rajesh had remaining Biga but Suresh had no part at all in it according to grandpa's division but still he did that because as I said all the lands are in the name of brothers on official records except for 3 survey number & Suresh is a savage. We weren't aware of him took loan until Bank put VF6 entry regarding that. Now Suresh isn't paying loan so now Bank wants to capture it, Unfortunately thanks to Bank's recent legal stuffs our land is unsellable now. (All this happened few years back).

There is three survey number which is clearly on the name of ours also very valuable land but as i said according my grandfather's division there is few biga in the name of remaining two brothers as well. It is very valuable land as it is road touch. Remaining 2 brothers are interested a lot in this land, & We also would like to give them the land from it but Suresh needs to clear loans which he took without our permission that is only our condition. It is also sad that even though official land owner is all three brothers, Bank gave Suresh a crores of loan even without our permission.

Suresh isn't serious about paying loan, it is very unlikely that he will play the loan. He likes to take loans & not paying them.

Surprisingly those two brothers wants to clear lands as per grandfather's division, but they want their land first before paying up the loan. They are saying that they will pay up the loan after the clearing the land on their names. But we cant trust them as it is about crores also they are immature uneducated people. 

So Kindly give solution to this problem so that we clear all our land as per grandpas's division & without losing a single square meter.

In worst case, If both brothers crosses the line then we will sell lands of 3 survey numbers but we don't want to go there until there is a solution to this problem.

Thank you for reading this. It has been 30 years to this uncleared land, Now it is time to solve them.

I am awaiting for your valuable answers my dear advocates as it is very valuable to us. Hope you change our lives by giving us perfect solution
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

Hii, file a suit for permanent injuction and partition making your uncles and bank a party , and obtain a restraining order that bank cannot take over the land as the title is not clear..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

There is no registered pa rtition deed executed between 3 brothers

2) you should file suit for partition for division of property by metes and bounds

3) seek an injunction restraining sale of property by other brothers

4) loan has been given by bank for suresh one third undivided share in land

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

You file a partition suit seeking partition of the properties left behind by yor grandfather and separate possession of your father's legitimate share in the property.

An application seeking ad-interim injunction restraining the other defendants from alienating the property or encumbering it in any manner till the disposal of suit as interim relief may also be filed in the same partition suit.

Consult an experienced advocate in the local on all such further issues.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

disposal of case depends upon pendency of cases in court

2) it may take around 10 years for suit to be disposed of

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Since you have been advised rightly, I would just inform you that such case will take 4-5 years minimum and that too will depend on the fact that how your case is pursued in the court by your advocate.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The time taken for disposal of a case/suit in the court depends on various factors, namely, court holidays, vacations, judges on leave, adjournments by advocates, boycotts of court by advocate etc.

Hence it would be difficult to predict the time taken, in the normal circumstances it may take upto three years or even beyond that.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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