Brother has taken the possession of my share of property what to do
16-Dec-2023 (In Property Law)
We have a land which has some disputes. My grandfather here will be referred as Party A. Party A has six children includes 3 sons and 3 daughters hereafter referred as S1,S2,S3 and D1,D2,D3. The land which is in dispute belongs to Party A and party A is dead. The land is divided into 6 equal parts and given to S1,S2,S3 and D1,D2,D3. This is not registered but given as a will on their names and they have registered on their names. The dispute I am referring here is between S2 and S3. S2, currently had agreements with S1, D1 , D2 and D3 and bought all their parts and registered in his name. But S2 has never had an agreement with S3, and henceforth S3's part is still in the name of S3. Now I am being the S3, and S2 took possession on my(S2) property. 1. Fencing my (S3's) part in the disputed land and make sure S2 is not enjoying it. 2. How to take possession back? 3. Things to do to make sure S2 is not enjoying it. For instance any legal approach/ similar.
First, file a complaint with your local police station detailing the facts of your case. This will ensure to some extent that your brother does not take any untoward action against you. Second, file a suit for recovery of the rental arrears. Third, file a suit for partition of the property or for declaration of your rights over the suit property with further reliefs such as permanent injunction and possession. If this response does not answer your query sufficiently, do post your query again with more details. Feel free to get in touch if we could be of any further assistance to you.
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