partition and possession of agricultural land
1 month ago
Sir,
My father has agricultural land 5 acre agricultural land in a village near kashipur utarakhand after my father death in May 2010 this land in khatauni has been divided equally in my name and my younger brother name but yet it is not separated in khatauni by kurre/gata so physically also not divided. I have already applied in Chakbandi Adikatri Court in Kashipur in july 2021 for partition and its is still process. Younger brother is not cooperating to share land by kurre/gata . He gives deka/contract of total land to others for cultivating taking teka/contract cost annually basis. Also he has sold about 1 acre land without my permission. Plz guide me solution. Can brother claim ownership as he is utilizing since father death May 2010.
Until and unless an undivided property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property. So, in the given situation, you being a legal heir need to file a partition suit before the Civil Court to obtain your share in the said property. Once a decree in a partition suit is passed, it will vitiate or cancel the sale deed of the land that was sold before partition without your consent. Reach out to an Advocate for guidance and steps.
You may file a Partition Suit and for cancellation of sale since it was done without your consent as it is joint property unless legally divided.
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