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Elder brother preventing us from doing construction on property


20-Feb-2023 (In Family Law)
My father has three brothers including him.My father's maternal grandmother had gifted her lands to my father elder brother when my father and other brother were not born. Offlate long case was fought over land between our family and other shareholders of maternal grand mother.My father fought the case and was one of the party in the dispute. Finally the case was won by my father. My father expired last year and his elder brother has greed over the property and preventing us from any construction on the property. Dakhil kharij and partion were already done by my father and elder brother has signed the punchnama of partition. I would like to know the remedy.
Answers (3)

Answer #1
910 votes
On the basis of land revenue recipt and dakhil kharij.
First you do mutation from block on the basis of death certificate of it.
And after that you construct as u desired.
But first u do mutation and LPC. Before construction.
Answer #2
917 votes
The remedy with you is to file a criminal case against your uncle . You can file a case under section 107 of code of criminal procedure before the executive Magistrate or a criminal case against them for creating nuisance or obstruction. You can also file a case in the civil court for grant of injunction restraining them to enter into your premises.
Answer #3
594 votes
In above said circumstances no body prevent you to do construction on your share you put an application before superintend of police mentioning all facts wwith document of final judgement as reported with the paper of dakhil kharrij

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