Property dispute with brother in Family for joint family's property

I am a rural resident of Barabanki distt,UP. I served in Army for 30 years till Oct 2015. My brother did agriculture on complete land of the family, I asked nothing for me in yield.He passed away in 2009, since then my nephews have been quarelling over partition of our joint family's posession. Upon involvement of Village Sarpanch, the partition was done but too unfair.Regarding this,we had an agreement with many village elders as witness with everybody's signatures in it. We were given only 1 of the 4 paternal houses to live,very less land and meagre family belongings. .I have a copy of it.They asked 6 months time to vacate the one house, but we gave an year. After that when we approached them to leave, they quarelled again, disrespected the agreement and filed a case against us so as to prolong a stable outcome for us. Today I hold no house, no family belonging and the only peice of land in vill. We are spending much to live on rent to complete kids' edn.,and thus in need of advice.

Answers (3)

276 votes

I think you'll have to approach the court seeking a stay order restraining your nephews from encroaching your share in the ancestral property which originally belonged to your father. Also, if you'll have to file a suit for dispossession Incase they have already taken over the entire property.

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191 votes

Since this is a land dispute therefore without going through complete papers and facts the exact opinion can not be given. But you should file a partition suit before SDM and engage a lawyer of revenue matters. Also write a complaint to DM.

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As per Hindu law of succession ,ancestral property is divided as per law of succession given in the Act ,so as per Law you are entitled for equal share ,no one can deprived you of your Rights .File civil suit for partition ,with that there are other remedies also .If any other query feel free to contact ,always welcome !

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