Dear Experts, my grandfather had two sons.After death of grandfather my uncle divided the ancestral property as per his wish and father did not object for that(approx in 1968 but no evidence).There was no court or registred partition happened on that time.My grand father had 4 pieces of agricultural land and 1 home.One land piece was noticed by railway for acquistion in 1972(Notice in the name of my father and my uncle both).
My uncle had custody of 2 pieces of land common with my father and 1 separate from my father.Similiarly my father had 2 pieces of land common with my uncle and 1 separate from my uncle.The land acquired by railway is the separate land under my father custody.In the both 2 pieces of common land my father had custody of left side and there was mutual understanding.My father was doing agriculture on both common and separate land till 2001.The separate land of my father's share was acquired by railway in 2001 and we did not take compentation distributed by government.
My uncle passed away in 1976 and my father passed away in 2003.After my father's death his property is property is equally divided between my mother ,me and my elder brother.In 2009 we sold out the separate part of land belongs to my uncle's share(It became possible because my father and my uncle had no legal partiton) and my uncle's heir also sold their part in this land.
Now my uncle heir's demanding re-partition in the common land.We are not agree for re-partition because the right portion's soil had been erosed in major amount due to carelessness.They(my uncle heir's) were forcefully digging soil from our portion.When we opposing them they are asking for re-partition in common land.
My question is:How can we prevent them for soil digging in legal way?
Do we have legal right to prevent them from re-partition?
Case belongs to Lucknow Uttar Pradesh
please suggest!!
Thanks..
Regards
Ravi
