Sir,
My father is in possession of a land (82 cents) which has come to him by will from my grandfather who expired before i was born ( I was born in 1983)
My father has 4 brothers, two elder to him and two younger.
The total property is around 1.5 acers and at a distance of less than a kilometer from the National Highway(NH-47) and was to be divided between my father and two other of his brothers (one elder say elder2 and one younger say younger1) per the will.
Another brother(say elder1) who did not have any land per the will , got all siblings to sign on an agreement and build a house in the property; the only two siblings who did not sign the agreement was my father and elder2; when he build the house, he used up 10 cents more than the share he'd asked for.
Younger2 who had a share in the property gave up rights on the same by exchanging for another property in my grandmother's name which was to assigned to anyone by way of will (on terms of mutual agreement from all siblings)
Now the property is to be divided between my father and elder2.The plot is rectangular and includes a house (my father's ancestral home , on which equal rights are given to both my father and elder2 per will) toward to the top widdth and majority of the land (including my father's share ) behind the house. The front portion of the land has a tarred road running parallel to it.
Elder2 does not have any property other than this (he sold off all other ancestral property for his two daughter's wedding and he hasn't earned or brought any land in his name, he also did not seek employment after taking voluntary retirement after the mandatory 15 years service in military and is now 71 years old) and is now trying to gain illegal possession of my father's share.
The land dispute case (inspite of a clear will , clear aadharam and land sketch) has dragged on for years and every ruling has been in favor of my father. My father has given up rights on the house in exchange of money for his share's worth (which the court ruled as 2.5 lakhs and later changed to 1 lakh against a petition filed by elder2) and also agreed to give a stretch of land ( measured in a strip of 2.5 meters from the steps of the house, since his share when measured comes upto the steps of the house : result of not having a good lawyer on our side ) from his share which is on the roadside, inexchange for the same size of land towards the end of the plot.
We as a family have gone through a lot of harassment from their side in regard to this dispute , including threats and dirty calls to my parents from my uncle's wife , himself and his daughters , a lot of abuse calling and physical misbehaviour and torture everytime my father attempts to enter the property and even an attempt at my father's life ( we got tipped off about a quatotation that was given for my father by my uncle's second son-inlaw and got the police to nab the gang before they cause do any harm )
This time round we (my father , mother, myself and my husband) went with our lawyer, their lawyer (they've also given a case to help them demarcate their land) , the village office and two of his assistants for land survey per the court order and my uncle's family created a scene , calling us all kinds of obscenities , obstructed the survey and did not sign on the court agreement.
I've recorded the whole session on my phone camera.
My parents are both above 60 years of age and I cannot stand to see them go through this ordeal over and over again.
Do let me know if there is anything we can do about all of this.
Regards
