We are six brothers, out of six brothers we are three and three cousins. My grand father died 20 years ago. In 2010 my uncle dies. But the Ancestral property is not divided till date. I always request my cousins to divide all property in two parts then I will request my father to divide into three parts so I can get my share. My cousins never say that thy will not divide but they are not dividing also. I stay 1000 KM far from my native place that is East Champaran in Bihar. What ever crops and income comes from property (Agricultural Land) one of my brother and my cousins divide into 50-50 but I don’t get any thing out of that. Once I forced my Cousins to divide property thy have created a partition agreement but thy have not mention proper boundary of lands all six brother and my father and uncle signed that document.
“We are dividing our parental property into two equal part with mutual consent in presence of our family members. No one has any claim or objection about the partition. In case of any property which is not included into the property list will be treated as undivided joint family property. That property will be divided in to two equal parts with mutual family consent. Details of the land given to both sharers are as follows.
No one has right to sale the above mentioned property until and unless they have got title from the Court / Lok Adalat and mutation from circle officer of the concern Anchal office. Both parties are agreed on above term and conditions. We have read/heared and agreed on above mentioned land partition matters /conditions “
One of my cousins says (who is lawyer also) that this partition paper is not appropriate and is not legally valid. When I visit my native place I request my cousins to divide property they show that they are busy no they don’t have time.
Sir Now I want to know that:
1. Can I fill partition suit against my cousins?
2. Can law permits to stop cropping on that land till partition so that they will be forced to do partition.
3. How family court intervene into this matter and what will be time frame?.
4. Any other idea which you want to suggest?.
5. Should I sale my share of few land without partitions
Regards
Manish
