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**** fathers property disputes ***


I am 38 yrs old living with my wife and two kids at my born and brought up house constructed by my father who passed away in the year 2006. I have 3 brothers and 3 sisters all married. Due to large family size and privacy requirements of my brothers, my 2 elder brothers build houses for them over the current existing house constructed by my father in the same compound almost 14 years back. The current land is not legally shared among the family members. The property still remains in my father’s name. No formal approval/acceptance got by them either with siblings or government towards their construction. Now compound has 4 houses where four male children live in 4 portions along with their families. My aged mother is staying along with one of my brother at one of portion among these 4 segments.

After my father’s death, I found lots of transition among my family members. My brothers are prejudiced and feel uncomfortable to see me staying with my family at one of the portion constructed by my father. Other portion is being used by my 3rd brother who is dumb and deaf. In ease, changing the minds of mother and also my handicapped brother wherein both are ignorant and illiterate, they started playing cheap politics within family in the intent to drive me away from the home along with my family. I am given lots of troubles, quarrels, mental tension etc…within the compound (almost all members in the compound gives trouble against me and my family  – so hurt to state here ‘including my mother’). I have being experiencing mental torture and trouble around 5+ years. Staying within this compound has really become a bitter life for me. My kids less than 5 year are totally ignored. Growing my child with this environment seen unhealthy for their life. My wife is directly targeted many times and troubled by them very often.

With lots of  incidents against me happening during these interim, I finally raised my voice saying, ‘If they are not interested in me staying there, then better give away my share from the yet another land of my father so that I can construct house for me and live peacefully’. This second land which is vacant now is owned by my father and still in his name which is yet to share among the family members. Though, they felt the success by understanding the intention to drive me away turning true, they still want me to put in trouble in some manner (they hate me to such an extent). Now they say, the second land doesn’t have complete ‘patta’ (Patta: private property stands in the name of an individual) only a portion is patta and remaining is waste land (poramboke land). I am confident that, my elder brother who holds the documents is trying to cheat me by giving new trouble in sharing the property. I remember sometimes earlier, he brother said, perfect documents are available for both the lands. But now he differs with his words. I am sure he is hiding the documents. When I ask for the copy he refuses to give. Since all are united against me, I don’t have any clue how to deal the situation. Most of the times I am misunderstood by others (otherthan my family members) since everyone unvarying blame against me.  Except physical location, I don’t have any idea about these two land documents, No survey number available at me end. I wouldn’t be in the position to legalize since I can’t step forward without any idea on land details or go to court on poramboke land. Their idea is to enjoy the land till their life time stating and projecting as poramboke land. I am left alone now due to conspiracy of my brother taking companion of my mother and 3rd brother.

How to deal this situation? How can I prove my rights there? How to prove my brother is hiding the complete documents? How to deal the situation when my mother too is against me? How would I prove my brother are making injustice to me by constructing houses at the common property and also not allowing me to construct house for me similar way in yet another property of my father? How can I peacefully move from here with my rights complied.

My current situation is, I am unable to stay back at current house holding my rights due to trouble, and also totally clues less to handle the situation on other land since they say it half poramboke land. Pls help and suggest me. Iam helpless… really struggling a lot with my family having two little kids.

Iam from chennai/Hindu Family.

 
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lawyer

hello Mr Rajaram. first of all let me clarify ur position. Since the property was owned by ur dad, after his death the property automatically devolves upon your mother queriesur brothers and sisters in equal share I.e. you have 1/8th share in your fathers property. Now since the other family members are harassing you, you file a suit for partition of your fathers property and tht you may be given 1/8th of the share in the property. In this way you shall get your share in the fathers property and no one will have any right our your share once it is partitioned. thanks. Feel free to ask any further queries.
 
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Thankyou so much Amitji, 

While I understand that, I can file a suit for partition based on your responses at the same time Iam looking forward for handling the scenorio given by me at the third paragraph. Kindly  read my 3rd paragraph of my intial post. wherein I have given the below points.

  • My brother hiding the complete documents (not even saying it is lost, but trying to protray 'no document available for a portion of land')
  • How would I legalize a land partition when documents are not available?
  • What is the way to prove to law that, he is revealing only a  part of land details and  making remaining as wasteland just by hiding the document.?
  • If so it is wasteland, How can this be shared among us with legal intervention  or thru some documents procedural?
  • How can I peacefully leave in the current house without further harassment till the share is made? since all within the compound is waiting for every chance to give me more pains.

Please advice...I am even facing some medical problem due the stress given.

 
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