Adverse possession

Delay in these case will increase your problem,contact a lawyer from your area ASAP. He has no right to claim that property.you can divide your property under court's eye. Ancestral property have equal right of all the brothers and father.

Sorry sir that property is my fathers own property

Submit death certificate, legal heir certificate, and even decree from court to the authority under whose jurisdiction property falls and get the inheritance mutated in the names of all legal heirs and obtain latest/update mutation records.

Thereafter all legal heirs have rights equal to that of owner to the extent of their share and can act like owner.

 

The share does not vanish with time.

It is dishonest, bad faith possession.

 

Take possession of respective shares and claim mense profits and partition by metes and bounds.

 

Amicable settlement, Registered Family agreement may be tried and if possible this can e the easiest and quickest remedy.

 

You can file a suit for partition.

Sir i dont have any legal heir certificate, i am having only that court judgement copy stating that i am also a share holder.

Sir all other members who are having share are infavour of my brother who is living in that house.. i am only against him.. we came to know that remaining share holders had given NOC to my brother... is it necessary to register NOC ? Are there any procedures to be followed to register that property based on that NOC.

The NOC is for what purpose?

The NOC may not neccesarily be sufficient to transfer ownership.

If you want to take charge of your share, you need to act.

If amicable settlement is  not possible, approach local counsel specializng in property/civil matters.

 

 

Sir NOC Is that they dont want their shares 

 

Since you want your share, first try amicable settlement.

If after retirement from service also you do not want to settle down in that property, consider selling your share say to : this brother.

If this is also not possible, approach local counsel at location of property.

 

Filing a partition suit does not require a legal heir certificate, but only basic documents as to the land.

Agreed with Venu Sir.

 

Ultimately you may have to go for partition.

Originally posted by : P. Venu
	You can file a suit for partition.

Sir is there any limitation period for court order? Since its been 20yrs from the date of judgement... even then can i be eligible to get share{some are telling that after 12 or 14 yrs you can not claim your share} a little bit confused regarding this ...could you please clarify it sir

Execution of the earlier order appears to be barred by limitation. However, that does not affect your rights in the joint holding.