Propert Sub Division

sea (Querist) 19 October 2010 This query is : Resolved
Dear sir,
We have Gift property of late grandfather in Maharashtra, and there is 2 brothers and 3 sisters in the family my grandfather has done the internal agreement in his presence between all five persons regarding ‘’X’’ area of open space for three sister (X=X1+X2+X3) and the balance area of the plot ”Y” is for two brothers jointly, and 3 sisters road access will be provided by the two brother. In that plot there is old 16 tenants staying in their individual houses since more that 30 years and paying rent to both brother (joint name rent receipt) , and one house is under the custody of elder brothers elder Daughters family and they are staying since 20 years without any agreement or rent, Know recently (one year back)BOTH BROTHR them self have done Sub Division of “Y” plot area(both plots/area opposite to each other) accept access road for all five of them, On Rs. 150 bond paper internal agreement and Notary on Rs. 150 bond paper with sub division Map on the paper itself , But the matter is elder brothers elder daughters custody house has come to younger brother property part, know younger brother want to take the possession of house but they are refusing to handover the house and elder brothers sons not ready to do the separate 7/12 extract, and elder brother not in that position to control his family and he is above age of 80 years and younger brother is age of 70 years.
My question is what is solution to get the possession of house from elder brother daughter’s family without any compromise

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Devajyoti Barman (Expert) 19 October 2010
If there is a written deed of family settlement demarcating the respective portions of the co sharers and now the dispute arises regarding its enjoyment then you should file s suit for declaration 0f your share and injunction against the peaceful enjoyment of your share.
Or else you have to file s suit for partition and injunction so that the respective shares may be determined and demarcated and the peaceful enjoyment is protected.