Hello Sir/Madam, I am asking this question as I am very frustrated and unhappy with my other family members. My father are 4 brothers, My father and my family are living in a city from last 30yrs and we were not asking anything from them like income, earning or our sharing. One brother is already living with his share(Mutually divided) and not entertaining in this partition. Rest 2 and my father are not divided their land yet. Now when we are asking for it then they are offering us land with no proper road and no tube-well share. While all other 3 have their land on road facing and having share in tube-well. This tube-well is from 1975 on my grandfather named. I need sharing in this tube-well because I can't install new because of no new connection is issuing in our area because of red zone. Also, I need my share which have equal market value than others. This land is registered on all 4 brothers with common account number (transferred to all 4 after my grandfather) and tube-well is registered on my grandfather name. 1. How Can I sort out this issue? 2. How many days/month/year this case will be there to get some concerned output? 3. As I am not using this land, They have no issue either this case go long and long (they are using their share and leave my share without asking my interest). They can do anything to go this case for a long period of time or this is not the case? 4. What is the expectation from this case, If I go to court? My father and me don't want to have any dispute so thinking in this direction. Please help me!!
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Dear Querist
First of all try to settled the matter amicably with them if not possible then file a partition suit before tahsildar or SDM as case may be and demand equal shares from them.
Litigation is very lengthy procedure so all the opposite parties try to do that.
It may take more then years if they want to fight.
You will get equal share from the court.
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1) your father should file suit for partition for division of land by metes and bounds and for injunction restraining his brothers from creating third party rights pending hearing and final disposal of suit
2) other brothers cannot say that we will have land facing road and with tube well access while your father should take the back side with no road access
3) suit for partition would take some years to be disposed of
4) your father should as per court orders get equal access to main road like other brothers
Is there a way to get stay order on tube well? because as I mentioned earlier they are using this but we can't so our land will be free/useless for many years until court or other decision come. This is possible if my advocate take stay order on this ? if this can be then this case will sort out or settled within a week by mutual understanding. Please advise and give more suggestion..
your father can seek court orders that pending hearing and final disposal of partition suit he should be permitted to use the tube well to irrigate portion of land in his possession
1. The land is registered in joint names of your father and his brothers, so the share of every heir is 1/4th in the land. ANy legal heir can file a suit for partition to cull out his share in the property.
2. Civil cases take years to be decided by the courts in India. So the land should be divided amicably by execution of a partition deed.
There cannot be a stay order on the operation of a tube well.
1. How Can I sort out this issue?
You cannot file any suit because you have no locus standi to claim a right in the property during your father's lifetime.
Your father can file a partition suit seeking partition of property by good and bad soil and by metes and bounds including the tube well, and separate possession of his share in the said partition.
2. How many days/month/year this case will be there to get some concerned output?
The partition suit generally will go on for 5 years of beyond that.
3. As I am not using this land, They have no issue either this case go long and long (they are using their share and leave my share without asking my interest). They can do anything to go this case for a long period of time or this is not the case?
your question cannot be understood, what do you want to clarify, do you want your father's case to be stretched without coming for an end?
4. What is the expectation from this case, If I go to court?
What do you expect, partition relief?, you have approached court for that only so fight for it.
Is there a way to get stay order on tube well? because as I mentioned earlier they are using this but we can't so our land will be free/useless for many years until court or other decision come.
Since you will be seeking proper partition what is the use of getting stay for tube well when you have not identified your share through court of law so far?
In the partition suit you can claim a share in the tube well too.
This is possible if my advocate take stay order on this ? if this can be then this case will sort out or settled within a week by mutual understanding.
Think on practical issues, law is not a toy with which you can play as per your desire. Consult your advocate in depth over this.