Hi, we have ancentral property inherited from our grandfather to my late father ( No more) to me & my mother and to my father brother. Both I and my mother name are mentioned in khata khatoni in the tehsil. As of now my father brother is managing the agricultural land while we are regularly visiting our property. However in last 3-4 year's he has sold some small portion of agriculture land and transfer one portion from his part to someone else. Since there is no family' partition and my father is no more he is now not agreeing to sit across the table to divide the property amicable. For the last 3-4 year's we are chasing him and requesting him to sit and finally sort out this matter by dividing our individual share to avoid any dispute. we even went ahead along with our close family relatives and put pressure on him to resolve the matter but in vain as he was abusing us. Now he is openly challenging to do anything he won't give our share and won't divide the property. I stay with my mother in Ghaziabad. Our first priority is to avoid filing civil suit and look after the other best and faster resolution mechanism through which we can occupy our property and divide our share. Should we go ahead with below mentioned actions or what should be the ideal and best possible faster resolution order in our case considering all the factors discussed above 1) File FIR For mental abuse, life threat , mental torture and personal security ( if required in our case) 2) shift permanently to our ancentral property in kashipur from ghaziabad and take the possession of one part of the house and land ( if require do we need to exercise the physical force in case he try to fight and remove us from the house?) 3) Stop him in using agricultural land for any crop harvesting or any such purpose including not allowing any third party labour in the field 4) Can we finalize new vendor to sell/ finalise the price of at we can grow in our field without any consultation with him ? 5) Should we change our Aadhar address from ghaziabad to kashipur and register for separate electricity meter, gas connection, water connection and other important govt documents which might be required in future 6)Should we consult the issue with local gram Panchayat or with Tehsildar and place a request of partition settlement there for which he won't be agreeing for sure. 7) Any other action which is important to be taken and in which order. There are matter lying in civil court for 10-15 year's and still going on that's the reason filing civil suit is not our primary focus as of now. Please enlighten us with your valuable feedback and reply.
Dear Client, based upon your query, if amicable process is failed then you can definitely approach Local Gram Panchayat or Tahsilder of Settlement, but their decision is not binding. you can file a compliant to local police station for your safety. you can take consultation to any senior advocate who can give you proper advice regrading your matter. hope this advise help you . For more detail discussion feel free to contact us.
Dear Client, based on your question, if you resolve your ancestral property dispute in a efficient manner you can take consultation to best civil lawyer, who can guide you in a proper way. You can approach Local Gram Panchayat or Tehsilder to initiate for settlement. hope this answer help you. for detail discussion feel free to contact us.
Dear Sir, My answers are as follows: 1) File FIR For mental abuse, life threat , mental torture and personal security ( if required in our case) Ans: Your statement and record “Both I and my mother name are mentioned in khata khatoni in the tehsil.” Is sufficient to lodge complaint. 2) shift permanently to our ancentral property in kashipur from ghaziabad and take the possession of one part of the house and land ( if require do we need to exercise the physical force in case he try to fight and remove us from the house?) Ans: it is better as you could not protect your property sitting some where else. 3) Stop him in using agricultural land for any crop harvesting or any such purpose including not allowing any third party labour in the field Ans: Yes, immediately take possession. 4) Can we finalize new vendor to sell/ finalise the price of at we can grow in our field without any consultation with him ? Ans: Yes, find out a stronger purchaser. 5) Should we change our Aadhar address from ghaziabad to kashipur and register for separate electricity meter, gas connection, water connection and other important govt documents which might be required in future Ans: It is wise decision. 6)Should we consult the issue with local gram Panchayat or with Tehsildar and place a request of partition settlement there for which he won't be agreeing for sure. Ans: Not now, postpone the same till physical possession is taken. 7) Any other action which is important to be taken and in which order. Ans: Better file a simple suit for permanent injunction and not partition suit and get Temporary Injunction against your paternal uncle not to enter into your land.
