Land partition

B VARAHALU (Querist) 06 November 2013 This query is : Resolved
I HAVE ONE YOUNGER BROTHER.IAM GOVT EMPLOYE. IAM OUT OF MY VILLAGE. MY BROTHER CREATES DISPUTES WITH MY FATHER AND MOTHER FOR PROPERTY DIVISION.HE DONT WANT TO GIVE SHARE TO MY FATHER AND HE FIGHTING FOR HIGHEST SHARE FROM EXISTING PROPERTY THAN ME WITH OUT GIVING SHARE TO MY FATHER. WHAT IS THE LAW FOR PARTITION LAND. IF HE NOT FOLLOW THE LAW WHAT ACTION MAY BE TAKEN ON HIM.IF I GO TO COURT ANY PROBLEM FOR MY JOB.

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ABDUL RAZIQUE (Expert) 06 November 2013
IS IT ANCESTRAL PROPERTY? IF NOT , THEN THE SHARE WILL BE DIVIDED IN EQUAL RATIO.

MohammedRaffiq Bijapur (Expert) 06 November 2013
Warahalu..
See claiming a share is not offence and it is nothing to do with ur job..
If u have right to enforce ur share in the property u can go ahead to claim ur share.

Rajendra K Goyal (Expert) 07 November 2013
In the self acquired property of your father, your father has all rights to dispose off his property as per his wish. If he expires without a will the property would be divided equally among the legal heirs.

Legally your brother can not ask share in the property of father till father is alive.

malipeddi jaggarao (Expert) 07 November 2013
Further to the advice to Mr.Rajendra K Goyal, if the property is ancestral your brother has a right to ask for partition of the property. The land is in whose possession and under whose control? If it is self-acquired property of your father and your father has control over the land, you people can ignore the claims of your brother. If it is ancestral, explain him that he can not claim higher share. Being the legal heir, nobody can prevent him to stake his claim whether right or wrong peacefully. If he creates problem, the aggrieved party can make a complaint to the police. The best way is - have a family congregation and make him to realize the legal position about his claim.