Partition of village property
Dear sir,
My grandfather was one among his five brothers. My father is one among his five brothers. My father and his elder brother lived outside the state for most period as they are in govt jobs. Remaining brothers with financial support from both elder brother managed the paternal property since long. But evertything has changed may be due to increasing consumption and spending and modern education of children like us. This led to feeling of utilising of property separately as those three were hardly giving a penny accrued out of the property. They , infact, blunty rejected the proposal of amicable partition and openly declared , to our surprise, that they wouldnt give us an inch of property, may be they are jealous of jobs my father are in but paradoxically unaware of committment, sacrifices, devotion required to do a govt job.
Unmoved by our constant appeal for 7 years, my father moved to file partition suit with whatever documents we could collect ,making all of them respondents including elder brother as he too was undecisive about going further. The problem arised that the original and vital documents are in custody with younger brothers which they didnt shared with us. My father made mistake of not keeping those documents with himself in past times. Although, we had copy of mutation executed by our grandfather, the court asked us to file document on which basis partition was carried out among grandfather and his brothers. We searched with others but in vain. In all offices from bdo, co, record office etc , they told that all documents prior to 1980 were destroyed in flood which they gave in writing. Also, the lawer asked for copy of something called khatian and how it become your grandfather's father property. We are now totally confused how to proceed further.
In reply to notice, they filed reply which wrongly claimed that there had been partition among my father and brothers by metes and bounds which we never heard of. What is this metes and bounds? They also sold some rich part of land by themselves without our consent and claim that that part belonged to their share. How could they keep rich and valuable share with themselves as its unequal division in their own terms. Where is the boundary demarcated? There is none. Nothing. Purely False claims by them.
The land consists of some residential area and mostly agricultural. Land rent being paid up to date. Big chunks are in hands of goondas since long and they are deliberatley utilising that. We couldnt focus on that. The younger brothers plan may be that they , if forced for partion, may allot those lands in our share which we could never set that free from goondas and creepy elements.
Sir, plz guide us how to proceed further in this case in court so as to obtain stay order immediatley so that they couldnt sell them off or utilise for agricultural harvesting. How could we obtain that documnet that exhibits partion was done among my grandfather' brothers?
Asked 7 years ago in Property Law
Religion: Hindu
Sir, we know for sure that the documents are in custody with them but they denied in their filed reply. Actually, earlier it was in custody of eldermost brother but after house shifting to new place, they left locked in a box in old house where younger brothers were allowed to live as they had no option. After some years when asked for, they refused about its whereabouts, the box was missing. Can we force them to submit by conducting seizure or raid by police authorities?
Also, since mutation is in name of grandfather , is it not alone sufficient to prove that land belongs to us. But why court is asking to furnish details so as to establish root identity of land. Is mutation not enough? I mean, what kind of other papers should we submit so that it can be established? It was an ancestral property and subdivided among grandfathers and separate mutation done. It can be argued that it is no longer an ancestral property partition case but it is an established land of our grandfather which is to be sub divided into his five sons. Mutation might have been done only when they would have produced their records of land and partition agreement etc. .
I also fail to understand why our lawyer asking for something called jamabandi but here is again a problem. We did fetch the copy from office but found that though total area of land is correct, name of grandfather is correct but details of khata , khesras etc is not written as in mutation paper. When brought to light, we were told that it was due to mistake of the then karamchari in 1960's. What should we do now?
Asked 7 years ago