Partition Suit Filed after 35+ years of possession
I will try to present the situation as clearly and concisely as possible. Please ask for clarifications if I there are any questions. Here are the basic facts, in chronological order:
1. My father purchased and gifted me a property in 1976, when I was still a teenager. Note that there is no evidence to prove that the money came from him and that he gifted similar properties for my younger brother and sister in Nepal. The property in my name is in India.
2. The property has been in my name and possession ever since; albeit used for family gatherings and functions from time to time.
3. Things went bad, as they usually do, and I gifted the property to my wife in 2011. Later that year, my father and mother joined forces with my brother and filed for a partition suit to divide the land in 5 portions: 1 each for my father, mother, brother, sister, and myself.
4. The partition suit does not include any other property in the name of my siblings, just my property. My brother is in possession of all the property to his name in Nepal. Since then my father has passed away. The case goes on.
1. My children and I have been using this property as mine for 35+ years. It was intended for me and I never thought this situation would arise. My mother still lives with us but the situation is getting worse every day. Even visits from my brother and his family every now and then is disruptive.
2. What are my options here? Does the partition suit hold ground here?
3. What do the Hindu succession laws say? Does this property not belong to me by acquiescence and estopples? What law takes precedence here?
Thanks in advance for your input!