Father's property share

Ravi kumar Pokala (Querist) 30 November 2010 This query is : Resolved
Dear sir,

My father expired 5 years back. we are 3 brothers and we distributed our farm land(agriculture) among my brothers and my mother(four equal parts on the paper).

My younger brother is enjoying the property and he is not ready to hand over to us now.

Please let me know how can we acquire our land.(it is on the paper and we have passbooks with survey numbers but we did not occupy it so far). My younger brother is not ready to give it to us now.

Can we get "injuction" order so that he will not be able to get benefit out of farming the land, this may force him to handover the land to us.

Please suggest.

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Kirti Kar Tripathi (Expert) 30 November 2010
Yes, file suit for partition , in which you cane seek injunction.

adv. rajeev ( rajoo ) (Expert) 30 November 2010
File a suit for general partition and seperate possession of 1/4th share.

Ravi kumar Pokala (Querist) 30 November 2010
I am looking at the duration of the partition process. if it is more then I want to take "Injuction" so that my brother can't cultivate the land which force him for the mutual understanding is this possible? Am I thinking correct?

Devajyoti Barman (Expert) 30 November 2010
n the same sut fro partition you can pray for injunction. No need to file only a suit for injunction.

niranjan (Expert) 30 November 2010
I would like to add that you calculate the income from the agrland and pray for submitting account and further you should ask for injunction that he should not prevent you from cultivatng your share.