Division of agricultural land between me and younger brother.
2 years ago
My late father has left 5 acres agricultural land and this land in equally shares in names of both brothers is mentioned in khatauni but separation of khatauni is not yet done. I am staying in Ghaziabad so this land is being used by younger brother giving theka/girvi and without division has done registry of 4 bigha land to creditor. Brother does not intimate or take any permission for use of land and not cooperating division of land. This land is still in chakbandi so i have applied in court of chakbandi adhikari for division of land but younger brother is not replying their notice to co court. I request to advise me how i can stop brother to not use land and not giving thekanama and stop registry of land till it is divided properly.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
No one needs to give you permission if the property is in your father's name. Returning the property would be tough. You can seek to make a will in the name of the yourself by asking your brother to give away that property.
Thank you.
If the property was in the name of your father then no permission is required from anyone. It would be difficult to take the property back. You can ask your brother to give away his part of the property through will or agreement.
Thank you. kindly rate the answer.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
You are also required to serve upon your brother the copy of application for an interim Order of Injunction against transfer as well as for status quo Order for not to change the nature and character of the entire property during the pendency of that Partition Suit and if he doesn't appear on the hearing of that Injunction application then the Court may grant Injunction ex parte and thereafter taking certified copy of that Injunction & Status quo Order,you through your Lawyer have to serve the same to your brother for strict compliance thereof.
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