Title and possession in late father's property

Sanjib Kumar Barua (Querist) 30 October 2013 This query is : Resolved
My father expired in 1984. In 1986, when myself and my sister were minors my elder brother got his name mutated in the residential plot where we lived, in the Court of the Settlement Officer. In 2009, we filed a Misc Case challenging the said mutation order in the same office. In defence my elder brother claimed that he got his name mutated because our mother consented on behalf of herself and us, since we were minors then. Moreover, he claimed that we signed in municipality tax receipts paid in his favour and had knowledge of the said mutation and couldn't challenge the said mutation order after almost 20 years. The case got transferred to the office of the Deputy Commissioner after the expiry of the Settlement Operation and is still pending. Can I file suit claiming title and possession in the District Court and what are the possibilities. Currently both myself and my sister are married. I stay in rented accommodation in the same city as the disputed property and my mother is staying in the disputed property with my brother.

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Anirudh (Expert) 30 October 2013
In fact you should file a suit for partition. If your sister does not join you as a plaintiff, then you should make all i.e. your mother, your brother and your sister as defendants to the suit. You cannot claim title and possession for the property. It is only after partition, you can get title and possession to your portion of the property.

Raj Kumar Makkad (Expert) 31 October 2013
You can definitely file a suit for partition and possession and there is no limitation for filing such suit as the property is still joint under the possession of your elder brother.