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Clarification on division of father's property among brothers


27-Jul-2023 (In Property Law)
This is a matter of division of property among three brothers. The agricultural property is in the name of father.The father accquire the property from two mainly sources inherited and gifted.one house is in the name of mother. Now , the problem is that the elder brother has possessed all the agricultural property forcefully and he is not agree for the division of the agricultural property. Also he now starts to posses the house which is in name of mother. I want to ask how to proceed legally to get division of the property by the court of law among the three brothers. My father , My younger brother and my self are ready for the division of the agricultural property but my elder brother is not willing to partition. Now i am asking you that in which court whether high court or lower court this case to be filed and approximately how much cost it will be .
Answers (2)

Answer #1
793 votes
In the district where the property is situated, you can file partition suit in civil court for partitioning the entire property amongst all the members. You all can not force your father for partitioning his self acquired property. It depends upon his sweet will to divide it or not. Appropriate cost will be given by the any advocate of civil court .

Answer #2
578 votes
Your brother can not denied your share in ancestrail property. As per law of the land you have every right to get the same. Contact a good lawyer, approve him about all facts and act according to his advice.

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