possession on ancestral land without partition

Question

possession on ancestral land without partition

14-Sep-2023 (In Civil Law)

possession on ancestral land without partition dear we are six brother and our land is ancestral.land was not partitioned.ow younger brother take moreover overmore land in partion and making home now i want stay and land partition properly by land what is do. all 5 brother will not agree for partition. only i will agree for partion by court

Answers (4)

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Advocate Raghav Sabharwal LawRato · Accepted Answer · 2018-09-15T02:04:20+05:30

Answer #1

You can file a suit for partition. Even other brothers will have to abide by court decree. Injunction can be sought to stop the construction. However, the status of share in the property needs to be ascertained after going through all documents. You can contact me for further details.

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2018-09-17T06:26:37+05:30

Answer #2

You have to seek injunction thereby restraining your brother from carrying on the construction by filing an injunction application and suit for permanent injunction. Do also send a notice to all your brother's for partition of the property in metes and bounds.

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Advocate Sandeep Saini LawRato · Accepted Answer · 2018-09-17T22:18:29+05:30

Answer #3

you can get the decree of partiton yourself also.... for that you dont need to get others consent if you are in possession of the property then you need not to file any advolrem court fee except few rupees.. you need to contact with advocate as soon as possible for discussion as well as filing of case...

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Advocate Anuj Dewan LawRato · Accepted Answer · 2018-09-18T00:16:17+05:30

Answer #4

If rest of the brothers do not agree for partition, then the remedy available to you is to seek your share in the undivided property by moving a petition seeking partition and claiming your share along with an injunction application restraining your brothers from alienating your share of the property.

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