Adverse possession


We are 3 brothers and we have a property which was bought by my father on his own, because of occupation two of us are living away from our native place... one of my brother is living in that property for more than 25 yrs.... in a court case regarding this house a judgement was given as every one including my mother are having equal share in that property ( judgement was given 20 yrs back)... but we do not insisted for partition till now as  i am an government employee...he is claiming titleship / ownership over that property by showing his possession... 

How can i get my share? Please help me

 
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Delay in these case will increase your problem,contact a lawyer from your area ASAP. He has no right to claim that property.you can divide your property under court's eye. Ancestral property have equal right of all the brothers and father.
 
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Sorry sir that property is my fathers own property

 
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FIN

Submit death certificate, legal heir certificate, and even decree from court to the authority under whose jurisdiction property falls and get the inheritance mutated in the names of all legal heirs and obtain latest/update mutation records.

Thereafter all legal heirs have rights equal to that of owner to the extent of their share and can act like owner.

 

The share does not vanish with time.

It is dishonest, bad faith possession.

 

Take possession of respective shares and claim mense profits and partition by metes and bounds.

 

Amicable settlement, Registered Family agreement may be tried and if possible this can e the easiest and quickest remedy.

 

 
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Advocate

You can file a suit for partition.

 
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Sir i dont have any legal heir certificate, i am having only that court judgement copy stating that i am also a share holder.

Sir all other members who are having share are infavour of my brother who is living in that house.. i am only against him.. we came to know that remaining share holders had given NOC to my brother... is it necessary to register NOC ? Are there any procedures to be followed to register that property based on that NOC.

 
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FIN

The NOC is for what purpose?

The NOC may not neccesarily be sufficient to transfer ownership.

If you want to take charge of your share, you need to act.

If amicable settlement is  not possible, approach local counsel specializng in property/civil matters.

 

 

 
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Sir NOC Is that they dont want their shares 

 

 
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FIN

Since you want your share, first try amicable settlement.

If after retirement from service also you do not want to settle down in that property, consider selling your share say to : this brother.

If this is also not possible, approach local counsel at location of property.

 

 
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Advocate

Filing a partition suit does not require a legal heir certificate, but only basic documents as to the land.
 
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