property

Querist : Anonymous (Querist) 16 January 2010 This query is : Resolved
Hello,

Thanks in advance for offering the help.
Question(s) : My family owns agriculture land. My father divided the property among himself, my brother, and myself 30 years ago (when we were minor) and made my mother as guardian for me and my brother. My brother is asking me now to combine his and my property and re-divide the property claiming that he and I are joint family. He has got a caveat from the court on the land I got. He had given lawyer notice and said that he will go to court if I don’t agree to divide the property now. Second, I have built a house with my earnings and rented it.

1) He visited the house I had built on my earnings and bothered the tenants and claimed that house belongs to him. I am living in different town. All documents land etc are on my name. What I should do to stop him from entering my home?
2) What is validity period for the caveat?
3) He is planning to forcefully cultivate my land and also physically threatening me. What I should do to stop him from cultivating. I am the owner of the land. How do I have to handle physical threats?

Thanks very much
Shivam

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 16 January 2010
First of all dont think about caveat, its validity is 90 days. Caveat means unleass hearing the caveator any interrium order cannot be granted in a suit filed against him. So dont worry about that.
You have said your father made an arrangment and divide the property, as per the partition you got the property and in possession of the same.
Your brother has also got property as per the partition effected by your father.
So partition is acted upon. Now your brother cannot ask your property to blend. Once partition always partition. So go for injunction suit against your brother, injunction order will not be granted immediately but emergent noitce will be issued, after hearing an IA you will get the order on the application.
Burden lies on you to prove the partition and so on your brother if denied the partition.