Land dispute family property
Saurabh Kumar Singh
(Querist) 05 October 2015
This query is : Resolved
I am resident of Bihar. My Grandfather (died) has three sons and he constituted a joint family. Elder son (A) take care all property since long, 2nd son (B) expired in 1991(his wife working on compassionate ground-PWD Patan), 3rd son(C) (my father) retd. from Air force). Since long everyone in the family had faith in elder son (A). But we came to know that elder son has done some land transaction without our knowledge. Elder son (A) some land transfer in the name of his son, some land sold and some land exchanged with other for benefit of his son business (brick field). All family members came together in month of November 2014. At that time elder son (A) was not ready to give even an inch of land but lastly he came with certain calculation of land and One COMPROMISE DEED signed by and between Elder son (A), 2nd son (B) and 3rd son (C) with land calculation & land four corners. The main House keep by elder son (A) and against which some land given to 2nd son (B) and 3rd son (C), but one line is there in the COMPROMISE DEED that till construction (probable by 2017, can be extend) of separate house of 2nd son (B) and 3rd son (C), all will reside as it is. Now elder son (A) wife creating much nuisance to leave the house. 3rd son(C) (my father) and mother are there and taking care of grandmother (they have no other shelter). Till date lands are only on paper, not mutated even though elder son (A) wants to sell the land. Elder son (A) wife some time cut the electricity, close wash room not only this she abuses and giving mental pain to my father (C) (3rd son) and mother a lot. On local level elder son(A) is too strong politically. Please help-How can we get the legal protection that (1) without mutation entry no can sold the land, (2) How can we find the old property details- some were sold and some exchanged. (3) What protection available against old sale and exchange which was done without 2nd son (B) and 3rd son (C) sons consent. (4) What legal protection available to reside peacefully in ancestral house. We are in great mental stress please suggest the way out. Thanks all prominent, your valuable advice can help us in getting our legal right. Regards
T. Kalaiselvan, Advocate
(Expert) 12 October 2015
File a partition suit along with an application for ad-interim injunction too. Take the assistance of a local lawyer to guide you properly.
