• Joint ancestral agricultural land with brother at Nashik district - brother not ready to partition

I have 8 acres Ancestral agricutaral land jointly held with my brother in Nashik District. I was in Palghar District working with chemical company since 1987.my brother used to look after entire farm, since 1987. Now I am 57 years, asked to partion the farm, but he refused to do so & threatened to beat me. He has a possession now, How can go legally to partion it, can I claim for compensation till I get land partioned.
Asked 7 years ago in Property Law
Religion: Hindu

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16 Answers

You can file suit for partition for division of land by metes and bounds 

 

2) seek injunction restraining sale of property by your brother 

 

3) you can seek orders to direct your brother to deposit your share of income in court 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

You have no share in property standing in mother name 

 

2) you would not get injunction restraining mother from selling property 

 

3) if mother is not mentally fit you would get court orders restraining sale of property 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

1) Yes, if both are ancestral property you have rights in both the properties. 

 

2) As per Indian Succession Act you have rights in both the properties. And can ask for sharing in the property and send Notice to him that not to sell land without your permission.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a partition suit claiming your share and separate possession of your share in the property.

He cannot deny or refuse to allot your share especially when he knows that you have rights in the property.

Let him challenge the same in court to the extent possible, he cannot do anything about it, if he is turning violent against you then you may even lodge a criminal complaint against him with the local police.

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

In your mother's property you cannot do anything to stop him from going ahead except your mother.

You dont have any rights in your mother's property at least not during her lifetime, hence any action taken by you will backfire and not maintainable.

Instead you can convince your mother and ask her not to sign any papers for selling the property.

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

1)The right to a share in an ancestral property comes by birth.Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share. 

2)you can file a partition suit in jurisdiction civil court. 

3) ancestral property can not be sold without consent of successor, the propertyis not earned by a person who want to sell it,so can not sell it to anyone. 

4) you can file a Suit for permanent and mandatory injunction against your brother for selling ancestral property. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

See you can file a partition suit before the revenue court and can pray before court to divide the land by metes and bounds further if the possession is not with you then same has to be also prayed. 

Further mens profit can be claimed the time he is earning from the property till it is partitioned.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if your mother sign the  sale deed then in that case he  can sale same but in case your brother is trying to influence your mother you can ask her to partition it in her life and further can ask her to put up a notice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

You may go ahead and file a civil suit for partition of the land in the Nashik Court.

No compensation will be given in the said proceedings, after the conclusion of the trial you will get your share of the land. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Even if he sells the property without your permission you can challenge the sale proceed. 

Yes make a paper publication that no one shall buy the said land. 

Mother has the absolute right to sell her share of the property that she inherited from her father. You do not have any claim on the said property till her life time.

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file a partition suit. First send him a legal notice if he still doesn't budge file the same.

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

1. Based on available documents of the Land, you will need to file "partition suit proceedings", for your share of the land. There is no other simpler option.

2. Mesne profits in the previously cultivated land of yours can be claimed, subject to the entries made in the 7x12 extract and the tax receipt related to land revenue dept.

Keep Smiling .... Hemant Agarwal

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. file a partition suit

2. claim for disclosure of accounts and other particulars from the brother

3. for the mother's property, a public notice seems good

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Dear Sir,

You can file a partition suit and also restrain your brother to claim the property of your mother during her lifetime.  Without court order if you put public notice it will be of not much use.  You may lodge complaint if your brother venture any criminal conspiracy against you.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. File a partition suit against him claiming your share of the said land.

 

2. You can claim the share of thye yield he has derived so long without giving you any share.

 

3. Make sure he does not get any chance to claim your share of the land as per the principle of adverse possession.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

1. Lodge a police complaint alleging the he is trying to get tyhe signature of your mother under deceit and coercion on legal paapers, to sell of her said land.

 

2. Thereafter file an application u/o 39 r 1 & 2 praying for an order retraining him to arrange for the said sale, if any, without Court's leave.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

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