Division of property among 4 brothers.
Kevin S
(Querist) 19 May 2014
This query is : Resolved
Dear Sir/Madam,
I need your expert guidance and advice on the below issue: Thank you in advance.
Our youngest brother is only 16 years old and I am the eldest. My youngest brother has been started asking for his share of land from a year. The land is in my father's name. Finally the day before yesterday we decided to partition the land equally and we have invited all the community member tomorrow to resolve the issue but my youngest brother has changed his mind and not willing to attend the meeting nor willing to partition the land.
The main issue is that he is only 16. I stay 60km away and work. He has already broken fathers two rib bones. When I am not there at home he always tries to beat father so my father has to run away and stay at relative's house. My father cannot do anything because he has medical condition and old. I have been sending money to my father which is being used to take car of family expenses. I have also treated my father for broken ribs bones.
I am from very remote area so I need expert advice on this issue. If the land partition can be done legally I am ready (I have agreed) to keep my father and sister with me and look after them for all daily needs, medically and other educational needs.
Thanks you.
Devajyoti Barman
(Expert) 19 May 2014
Since your brother is not adult , no mutual deed of partition can be executed.
Since your father is medically unfit, permission of court on this regard is highly difficult.'In that situation it is better to wait till he becomes 18 years.
Or in the meantime you may file a suit for partition in local civil court.
Kevin S
(Querist) 19 May 2014
he is not adult so he can get away with anything that is harmful to others. He broke two rib bones of his own father who is not medically well and old so no law is applied to him in such situation? He is already thrown out from 2 schools because he and his gang beaten up other students so no law applies to him in such situation? If I don't take care of this situation in lawful way he might end up killing his own father. He is harassing father every evening. He has to get what he wants otherwise he ends up breaking things and beating up people.
Devajyoti Barman
(Expert) 19 May 2014
read my reply again.
I have advised nothing in that respect.
P. Venu
(Expert) 20 May 2014
More than the partition, your brother's unruly actions needs to be taken care of. Had you filed the police complaint when you father was harmed?
Rajendra K Goyal
(Expert) 20 May 2014
You can take your father and your family with you for some time, probably he may amend. If does not amend shift your family permanently with you leaving your brother at your native. You should not leave your old father there at the mercy of cruel brother.
For partition, you should wait till he attains majority.
Kevin S
(Querist) 20 May 2014
Thanks a lot to Devajyoti Barman, P. Venu and Rajendra K Goyal for your inputs. Today we had panchayat meeting and made an agreement between us and now my Father and Sister will live with me. For partition we have decided to do it later.
T. Kalaiselvan, Advocate
(Expert) 20 May 2014
Yes, I too agree that the partition for a minor especially the father being the natural guardian is being assaulted by the minor over the same issue, is not at all advisable, allow the matter to be kept on hold for another two years time and then you all can mutually partition the properties as proposed.
