How to settle property dispute
2 years ago
My elder brother died without will without property division. agriculture land was divided but not entirely in my possession.
agriculture Land1- total land- 22 bigha , 11 bigha each. my possession- 10.5 bigha , my nephew possession- 11.5 bigha.
agriculture Land 2- Total land - 14 bigha, 7 bigha each. my possession- 6 bigha, my nephew possession- 8 bigha.
i was suppose to get equal possession of my share of agriculture land in march 2021 but as residential land is also disputed my nephew refused to give it to me.
1 bigha= 20 bissa
residential land1- total -10 bissa in possession of my nephew, he lives there.
residential land 2- total area 18 bissa- in my possecssion I live here.
now whole dispute is on the price of residential land. my price 15 lakh per bigha nephew asking 25 lakh per bigha. a property next to my residential land has been offered to me in 16 lakh. As arbitration by village elders put a price of my land at 16 lakh and nephew land at 10 lakh. nephew refused to accepted the price and arbitration fall apart. I can't afford price he is asking for the extra land I have in residence .
what should I do ?
This arbitration is void if there is no written agreement between you and your nephew. Here, you can move to court for the partition of property. Any person who is a legal heir or co-owner of the joint property, in possession of any legal document (will, gift deed,sale deed) can file a suit for partition and claim his individual share. It is advisable to collect the certified documents of the same including the market value and death certificates from the concerned authorities.
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you have to file a partition suit and then get into compromise before the court and request the court to appoint court commissioner for demarcating the shares by metes and bounds. you may approach local advocate for more guidance.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The arbitration by village elders has no legal validity if it is done without a written arbitration agreement between you and your nephew. So the decision of that arbitration is not binding on your nephew as it is not valid before the court of law.
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