I am a resident of Odisha (Orissa) state and have a elder brother and 3 elder sisters (we all are married). My father was gifted the entire land owned by his maternal uncle (who didn't had any child) on 09.01.1973. Another plot of land was purchased in my mother's name on 10.03.1975. Both were issued major settlement records on 30.03.1987. Another plot of land was purchased in my father's name on 12.01.1996 and Patta was issued on 20.09.1996. My father refused his share of land from his ancestral property and it was divided between his two younger brothers. Both my parents and us 2 brothers and our families were staying at the same place and using the same kitchen. My father passed away on 17.11.2003 and my mother passed away on 26.06.2007. Now my elder is creating problems in giving me my share of land at the village and also at the residential plot.
Since the last 7 months I have taken a house on rent though I have kept the 2 rooms that I was using under my lock and key. Since the last 3 years I had been trying to get my share of the property and had sought the help of the elders in our family (maternal uncle, paternal uncle and others). But my elder brother always refused to cooperate citing frivolous reasons and even the elders could not make him to reach an agreement. I was afraid of filing a civil suite (for partition) because of the lengthy procedure and cost involved. Since the death of my mother, my elder brother is managing the agricultural land at our native place which has been given under share-croping. Since the last 2 years I am not getting any share from the agriculture land also. I approached the Tehsildar with the problem and asked for his opinion in filing a partition suite under section 19 C of OLR Act (Orissa Land Reforms Act 1960). Though he agreed to issue a notice if I file my petition, I was informed that even he can NOT force the partition if my elder brother refuse to cooperate.
Now I am desperate. What should I do to get my just share of the property? I do not want any share in the ancestral property of my father as he had already refused to accept his share. What is the legal share of my sisters? I also want the agricultural land should not be cultivated until the partition is done properly. How should I force the issue?
Lalit Kumar Barik