Property dispute with elder brother
1 year ago
I am living and working abroad and my elder brother is living in our native village in Muzaffarpur Bihar. After death of my parents my elder brother he started to take loan on my late parents agricultural lands without my knowledge and when I visited India couple of months back I saw the money lenders occupied my late parents agricultural lands. When I asked them why you are occupying and cultivating the land they showed the stamp paper that my elder brother have taken loan and they will leave the land once there loan amount is paid.
I asked my elder brother about this matter he started dodging my questions and having heated arguments and he hide all the property papers of my late parents.
Can you please suggest how to take legal action against the money lenders and my elder brother to get back agricultural lands of my late parents.
If your parents have not created any will, then the property will be divided equally between both the sons. In this case you can file a petition against your brother for falsely portraying the land as his and taking a loan on that, especially when you have equal ownership on the land. You can ask the court to order your brother to immediately repay the loan, or you can ask the brother to pay back your share of the land and purchase the land for himself. The money lenders have also made the mistake of not verifying whose land is being provided as collateral, so you can file a petition against them for this as well.
Thank you so much, I hope this answer helped you.