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.
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File an application for partition, attaching revenue records (Jamabandi/Khasra/Khewat) and details of all heirs.
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All co-sharers (now the legal heirs of the original four brothers) will be parties.
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The authority verifies shares, considers objections, and prepares a partition plan (Naksha Bey).
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Physical possession of each co-sharer’s specific parcel is handed over as per the final order.
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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 .