Undistributed land between brothers after parents death
Grandparents had passed away without partitioning the property among their 2 sons. it is self acquired agriculture land of grand father in uttar pradesh. As per the registrar office the land is distributed among these 2 sons. Now the dispute of partitioning among the sons is unsettling (on ground level) as elder son asked his younger brother for voluntary partition the land but he is not agreeing & he is giving him the land portion as per his wish and encroached the good parts of the land (no will and settlement done by grandparents and between the son). Due to this the elder son family members are upset & they want some legal solution to partition this property equally among two brothers.
Asked in Property Law from Partapgarh, Uttar Pradesh
Under the give situation, it is better to file a partition suit before court of law which will decide the shares of both with metes and bounds and good and bad soil.
1) file suit for partition for divisions of land by metes and bounds
2) obtain an injunction restraining from selling or creating any third party rights on the land
The only legal solution for elder brother is to file a suit for partition in the court to cull out his separate share in the land. He can also seek injunction to restrain his younger brother from selling the land.
File a partition suit in meets and bounds is the only remedy infront of you. You can claim if need a particular portion and the court will decided future. First court will pass a preliminary decree and secondly pass final decree .In preliminary decree court will whether it is a partable property or not and what will be the share allotted to each legal heirs.