1. You can file partition of property by metes and bounds.
2. Don't give him any amount.
3. Apply for injunction order
4..file police complaint and also forward an application to SP office and take acknowledgment.
Agricultural land division
I am from maharashtra, We have 12 acre agricultural land between 2 brothers. Until now younger brother doing farming. But now as elder brother retired. He want his own land. My grandfather divide this land into 4 acre each to 2 brother and mother. But now when we doing partition of land into 6 acre each between two brother as mother is too old now. Younger brother taking all plotting land and giving elder brother non plotting land . In grandfather (7/12) document , non plotting land(4acre) come into elder brother only. Other 8 acre is between (younger brother and mother). Non plotting land just allocated for taluka development purpose. Did not get any money from government. So my question is below from elder brother perceptive 1) can going into court resolve this matter (means both party can get even land(non plotting plus plotting)? 2) also younger brother asking all cost that he did till now to repair agricultural land( just for info elder brother last 25 years not taking any penny that grow in this land. All money is taking by younger brother only). Can this be stop 3) if going into court can i stop doing any agricultural activity into land belongs to younger brother and mother ). Because younger brother already doing farming on one half and other half land is empty. Younger brother was doing farming all 12 acre before elder brother ask his own land. 4) younger brother also threating to kill and not allow do if elder brother doing agricultural activities. How to process with this
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
You can file suit for partition for division of land
2) if brother is asking for expenses incurred you can seek share in income earned from said land
3) court would not restrain carrying on agricultural activities on said land
4) record his threats
5) file police complaint of criminal intimidation under section 506 of IPC
1. Yes the matter can be resolved through partition deed. Going in court is personal option.
2. Yes you can claim the money through civil suit.
3 it depends whether court will give any injunction.
4. Need to file police complaint
1) Instead of going legally it will take so long time to get partition issue resolve.
2)Here you can take possession of you land which was given by grandfather or distributed by grandfather to each one of you. Is there any legal documents of distribution or not.
3)For time being take the possession of land and grow the crops in that 4 acres instead of wasting time.
4) Meanwhile file for partition to tahsildar office let they come to do demarcation of land and equal distribute the property under.
Dear Sir,
Gone are the days when joint families sought to keep the members together. They ensured that everything was shared equally between brothers and sisters.
Today, the partition of property among family members has become a pressing matter.
Property dispute cases have become one of the ugliest legal issues in India.
However resorting to daily drama and indecision from the family members, the partition of property requires a legal eye. Moreover, a steady hand of the law to make sure there is a property settlement deed between family members. But reaching that point is very difficult!
Now, before a case is filed in court for partition of property, a legal notice has to be sent to the other co-owners of the property regarding family property partition/ settlement. The legal notice for partition suit must state the shares of each co-owner, complete details of the property in dispute and the requisite action required to be taken. If the co-owners do not reply to the legal notice or send an insufficient reply, a partition suit can be filed in the court.
A partition suit is a court case filed when none of the co-owners agrees to the terms and conditions of property division, and one or more co-owners want to divide the property according to their shares. A suit for partition is filed in the court which has jurisdiction over the area in which the property is located.
The court first determines whether the person who has filed the partition suit has a rightful claim in the property or not. One the share is established and no additional inquiry is needed, the court may assign individual ownership of the property to the co-owners.
If the property cannot be distributed merely on the partition suit, the court may order for an inquiry to be conducted and pass a preliminary or initial decision for appointment of a Commissioner who will then evaluate the property and submits a report. The court then determines the share of each co-owner on the basis of the said report and divide the property according to each co-owner’s share.
1. Yes, approaching court with a partition suit may provide you a solution for this
2. Let him claim the same in his pleadings in the suit, you can give a suitable reply to this while filing yor reply or say or written statement, and the court will decide about it as per law.
3. You can file an injunction application on this , let the court decide on merits.
4. If there is threat to you then you may lodge a criminal complaint with the police
Thanks.. As per suggestion we did following things but there is no improvement 1) we take our own land and doing agricultural activity but younger brother threatening elder brother . He also threatening farming people to come in. Elder brother file police complain but police not doing any thing. Is there any other police complaint we can do? 2) what maximum period that court will take to decide injunctions order. Unless injection order younger brother does not feel gravity. I know injection order is on merits but I already specify all details so let me know if possible maximum time that court will take decision. 3) what maximum time court will take this to resolve this matter. 4) younger brother doing farming but not allowing elder brother to do farming on his own land as per 7/12. Please tell me approach to resolve this. 5) some says if sisters come and go into court and want their land as well, that time court decide it faster?.
Asked 6 years ago
1) if police refuse to lodge FIR complain against police inspector to commissioner of police
2) court can grant you interim reliefs in a month time
3) seek court orders restraining younger brother from disturbing possession of elder brother and from carrying on farming on said land
4) even if sisters filesuit for partition it would take years to be disposed of
1. The police complaint may be escalated to the higher police officer of the district.
2. If it is filed along with suit you will come to know it's fate on the day of filing itself.
3. The time taken by court for disposal cannot be predicted, it may take two to three years.
4. Police and court order.
5. No, it will take its own time then also.
1.You can file a complaint in court and take directions of the court for said police complaint.
2. Court will give it immediately if it needs to.
3. It will be resolved immediately.
4. You can approach court.
5. Court will take its own course