• Family members disrupting agricultural land division

Hello,
I am a 77 years old man from Haryana. 
In 1990s I, along with my other three brothers, bought agricultural land in Faridabad spread over two adjacent Khasra/Khatoni. But we didn't mark the boundaries for individual possession. 

In 2007, my elder brother sold some portion of his land. He gave possession of that land from the front of land. No-one objected as he was in dire need of money and buyer was one of my sons. Ownership transfer was done through court decree. Mutation was also done. As of today, no family member exactly knows/remembers the details of their agreement as there are two decrees available - first for 4 Kanals and later 3 Kanal. For sure, total deal was for not more than 4 Kanals. However, my elder brother, after the deal never mentioned that there is any pending money towards my son.

As of today my three brothers as well that son who purchased that portion are no more. 

This land, though still categorised as agricultural land, is part of Regularised colony with Khasra Number.

When my son was alive, he 
Now, because of obvious reasons my family wants to take control of our portion of land. 

Ideally, and as per jamabandi records also, our portion is being shown in both Khasras. Though, when my other son was alive, he had an oral agreement with other families that we will take back side of the land. Everyone prefers the front but just to facilitate and make things smoother, agreed for all combined land to be in back portion.

The Problem:
Now family of my elder brother is denying to accept the portion as per revenue records/jamabandi. They are hindering all talks of making the division. The family being aggressive an talks (though without logic) as well as in actions, the rest of two families despite eagerness to complete this long pending task, are not openly stating against that family's disrupting actions.

I don't want it to settle ASAP.

Kindly suggest.

Regards
Asked 4 months ago in Property Law
Religion: Hindu

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13 Answers

File suit for partition fir division of oaks by metes and bounds 

 

2) seek stay orher restraining your siblings from selling undivided share on land 

 

3) seek expedited hearing as you are senior citizen 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since there being no possibility for  any compromise settlement then you can get the remedy only through court of law.

You can file a suit for partition to divide the properties into proportionate divisions and allot you the share that you are entitled with separate possession and the partition should be by metes and bounds and good and bad soil.

You can also file an application in the suit seeking temporary injunction against the defendants to restrain them from selling or alienating any portion or share of property till the disposal of the suit for partition.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need to challenge the same the court 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It was your self acquired property 

 

you are at liberty to transfer your share in favour of don by registered gift deed 

 

son can file suit for partition for division of land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. Since the land was bought jointly by brothers and not partitioned, it is considered ancestral property. Partition laws under Hindu Succession Act apply.

  2. Oral agreements are weak evidence; division should follow jamabandi and court decrees. Your elder brother’s family cannot deny rightful share as per revenue records.

  3. To resolve quickly, file a partition suit in civil court seeking formal division based on jamabandi, mutation records, and decrees. Court can enforce division despite family disputes.

  4. Since you transferred your portion to your son, that share belongs to him or his heirs; proper legal documentation is essential.

Prompt legal action is needed to protect your rights and avoid further loss.1. The land is ancestral property since bought jointly by brothers; partition laws under Hindu Succession Act apply.

  1. Oral agreements hold little weight; division must follow jamabandi and court decrees. Elder brother’s family cannot deny lawful shares.

  2. File a partition suit in court for formal division based on records; court can enforce division despite disputes.

  3. Your transferred share legally belongs to your son or his heirs—keep documents ready.

Act quickly through legal channels to secure your rightful share and prevent loss.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

1. it is not ancestral property. It was the property bought jointly by brothers. 

2. A property jointly bought by brothers is generally not considered ancestral property. 

Ancestral property is typically defined as property inherited from a person's paternal ancestors (father, grandfather, great-grandfather, etc.) up to four generations.

 It must have remained undivided for those four generations. Jointly purchased property, even if by brothers, falls under the category of self-acquired or separate property, not ancestral property. 

3. You can file a suit for partition to divide the property as per the jamabandi agreement, through a court of law.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In ancestral land you can only transfer your share to son and not the entire land as it may have other legal heirs 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Suit for partition would taj’s around 10 years to be disposed of 

 

if you are senior citizen you can seek expedited hearing 

 

in your case you transferred your share in favour of son so this option is not available to you 

 

enter into deed of family settlement with other legal heirs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The time taken for disposal of the partition suit cannot be predicted, though it may take around 5 years or more.

You and your son are already in possession of the property that has been ear marked for you hence what's your question about it.

You mean adverse possession, then it will be 12 years.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Partition case takes time but preliminary decree is issued within 1 or 2 years so it’s fast 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Even if the land was purchased by you and your brothers (not inherited), it will generally not be considered “ancestral property” in the technical legal sense under Hindu law. Instead, it's treated as joint property among co-owners and their legal heirs. Partition principles are similar: Every legal heir gets their share either through mutual agreement (partition deed) or court/revenue proceedings. If the land had been inherited from ancestors four generations or more above you, it might be treated as ancestral property, but here it is joint/self-acquired property held by descendants of the original purchasers.

You can approach the revenue authorities (usually the Tehsildar/Assistant Collector) to initiate partition proceedings under the Punjab Land Revenue Act, 1887, as applicable to Haryana.

  • File an application for partition, attaching revenue records (Jamabandi/Khasra/Khewat) and details of all heirs.

  • All co-sharers (now the legal heirs of the original four brothers) will be parties.

  • The authority verifies shares, considers objections, and prepares a partition plan (Naksha Bey).

  • Physical possession of each co-sharer’s specific parcel is handed over as per the final order.

  • Courts may also intervene (civil suit) if the dispute includes questions of title or a family settlement/oral agreement’s validity.

Recent amendments in Haryana law fix a maximum six-month period for deciding partition cases before the Revenue Officer, with one possible three-month extension in exceptional cases, making the process much more time-bound than before. However, actual time can vary based on cooperation of parties and absence of appeals or litigation—for complex or disputed matters, it may still take longer, as all co-owners’ rights must be addressed.

While the Supreme Court recognizes that partition can occur via oral agreements or family settlement, you will need compelling evidence—public documents, conduct, or other corroboration—for courts or authorities to recognize and enforce such an arrangement. Mere possession or informal oral agreement is rarely enough unless all involved heirs expressly consent and acknowledge the division.

You are not advised to forcefully occupy any portion (even if not prime) without lawful process, as any attempt to “take control” may create further disputes or legal complications. The correct procedure is through revenue partition, or a written, registered partition deed if all legal heirs agree.

To claim title by adverse possession, you would need continuous, exclusive, and hostile possession against the interests of other co-owners for at least 12 years, openly and without contest—a very high bar to meet among family co-owners. Your description does not suggest such a situation.

Before or during legal proceedings, try to bring all heirs to mediation for a full, written, and registered partition or family settlement, avoiding lengthy litigation. If negotiation fails, immediately apply for partition before revenue authorities, ensuring you provide all evidence, documents, and representations about oral understandings if any, for fair division. If complex issues, title disputes, or questions over agreements arise, file or contest a partition suit in civil court.

Do not take law into your own hands; proceed legally. Gather all ownership and title documents, court decrees, Jamabandi, etc. Apply for partition of land before appropriate authority and participate in proceedings. Mediation or family settlement could significantly reduce time and costs, but must be formalized.

If you need assistance with revenue partition, negotiation, or litigation, or for further guidance on evidence and protecting your family's rights, please contact us at .

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

Since all first-generation buyers are deceased, the land now belongs to their heirs.

  • Partition case: Usually takes 2–5 years in civil court, depending on objections.

  • Alternate way: Best is a registered family settlement/compromise deed if all heirs agree.

  • Taking control: Risky without written consent—others can challenge.

  • Adverse possession: Needs 12+ years of continuous, open, uncontested possession to claim ownership, but hard when records show co-ownership.

 Filing a partition suit is the safest and enforceable solution.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

Since all original buyers are deceased, the land now belongs to their legal heirs. You (through your son) can file a partition suit in civil court for formal division. Such cases can take 2–5 years, but a family settlement deed through mutual consent is faster if others agree.

If oral agreement is not respected, your son can take possession of the portion shown in Jamabandi, especially if uncontested. However, possession alone doesn’t create full ownership without partition.

Adverse possession requires 12 years of open, hostile, and continuous control without dispute, which is risky.

Try for amicable written settlement first, else proceed legally.

Suresh Kumar Pal
Advocate, Allahabad
106 Answers

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