1) you have to file suit for partition for division of land by metes and bounds
2) obtain injunction restraining them to create third party rights on land and to deposit income derived from land in court
Property issue
Sub. Suggestion on following matters Sir, Respectfully I state following points for your guidance please. 1. I have three brothers I am the youngest one . My father expired in mar 2014 after attaining approx.. 90 years of age. Aged mother is still alive she is also about 90 years old. 2. Eldest brother and youngest myself are in service and staying away from my native place for about last 35 years. Occasionally we are going at our native place when there is some religious matter or some bodies’ marriage etc. is there. 3. All the brothers were having co-ordial relations among themselves, but after the death of my father the scenario is completely changed. All have separated. 4. The two brothers who were staying at my native place along with my parent had taken enough loan through KCC on my father’s name, this we came to know only after our father’s death. 5. After partition the brothers staying at native place are not giving our share in my native home. The agricultural land however some how was divided mutually once but they are not leaving their possession from our part of land and still they are cultivating almost all the land. 6. The KCC loan taken and being fully utilized by them , they are not repaying to bank , simply interest is increasing. We two staying away are ready to pay half of the loan to bank considering our share as loan was on our father’s name , Bank is telling you can not get rid off as loan is on common name. 7. Socially they are strong as they are continuously staying there and starts quarrelling on every point. 8. If we go to court for partition of land as well home it takes too much time. There fore I beg your guidance to resolve the above issues smoothly without any quarrel. Etc. and without wasting of time. 9. Please let me know how can make them to pay the loan that they have taken on my father name and i want they will stop using by land does with the court order i can make then not to use my land. Place of dispute land-Village -Nadepur Distt: Uttar Pradesh I have four brother including me Please provide me help on this part
Asked 8 years ago in Property Law
Religion: Hindu
5 Answers
Hi,
Even assuming the loan is in your father's name, all the children are equally liable. Apply for partition of properties either through elders or through look adalat. That way all of the assets and liabilities will be divided and problems solved amicably. Lol adalat proceedings are equivalent to court and faster as there are no lawyers . It is only the parties who decide amongst themselves and arrive at compromise. Based on compromise judge draws decree and the matter is settled once for all amicably. Hope this helps
1. Your grievance is that your brothers are in illegal possession of the property that went to you after partition of the land. The remedy is to file a suit for partition. It will be time consuming as nothing happens in courts at the throw of a hat.
2. In so far as the loan taken on your father's name is concerned the liability is to be discharged by his heirs if they have inherited any property from him. The lender can file a suit to recover the loan from the heirs if there is an inheritance in their favour.
1. If they are not parting your share of your father's property amicably, then there is no way other than approaching the Court of law,
2. You have no option other than filing a partition suit before the Court and getting the order executed thriugh court,
3. Engage a local lawyer having expertise in this field.
This is your father's property and after his intestate death it devolved equally on all his legal heirs.
Assuming you three are the only legal heirs, the properties shall be divided into three shares and each will be entitled to one such equal share.
Since there was a partition for the agriculture lands, if the occupier is not vacating, you may issue a legal notice or an ejection suit to eject him from your share in the landed property and take possession.
For bank loan, if you have not availed loan then you may challenge the bank for this loan and seek your share in the partition suit by impleading the bank also as a party.
The time taken for civil litigation cannot be predicted.
