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Sada (TL)     02 July 2010

Elder brother taking a bigger/total share forcefully


My father had a self aquired property of

   1.Agricultural land ( registered properly).

   2.A house where in ( house is registered under Gram Panchayath and has house no.) but the land in which   house was built is not registered. It was built in 1979.

   3.And a plot which is not registered under Gram Panchayat limits only.

Both my parents passed away and the registrations remained same. My brother forcefully using all the Agricultural property as well as the house with the local support of the village where in I stay in Hyderabad. We are only two sons to our parents no daughters and no will left by my parents.

There is a physical threat also as Iam the only one blocking the property now so that he isnot getting the entire share he is expecting.

What is the right way to approach to get my share in this.

1) Can i seek police assistance or will they turn it down as it is a civil issue.

2) Can i get a stay from the civil court so that he also cannot enjoy a bit of the property until the dispute is resolved.

3) I applied to the MRO for division, Does MRO possesses half share to transfer on my name against to my brother wish.

4) What is the documentation required by me to file a suit in court and in how much time court can give a stay order so that nobody can enjoy the property until it is resolved.


Appreciate your response.

thank you




 3 Replies

Dhawal Bhandari (ADVOCATE)     02 July 2010

goto court if police fails firstly...also  If no WILL is made, on death, all the legal heirs which includes daughters, have equal share in the property along with sons.

1 Like

Sada (TL)     02 July 2010

Can court give a stay on the said property until the issue is resolved, so that there will be pressure on him also to go for division, or will it allow him to use 50% of the Agricultural property where in he will not allow mine to lease out as he's got a bit more local support over there.

Siddhi Agarwal (Owner)     05 July 2010

It happens in all families whre parents do not leave behind a will. I feel you should  immediately 1) Make a police complaints for threats to your life due to ulterior motives and 2) Obtain a stay from court so that the property does not get transfreed in his name by foul means. Most of govt. employees are corrupt and will do any thing for money.

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