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UHello Advisors,
As mentioned in the title, my father are 4 brothers and they have ancestral land in a village in Uttar Pradesh and some land in Kolkata.
My mom fought tooth and nail to initiate the division of property in the village and since the division happened village style (all pieces of land have all 4 brothers as the owners and then they verbally decide who takes which piece). After this happened the three brothers took their portion and built houses on it.In 2024 my mom and dad went to the village to start making boundary on our part and construct two small rooms for them to stay whenever they went to the village (currently they were living in an old structure with partially falling walls). My mom was so stressed from all the torture that she died of a heart attack on the same land which she was trying to build a boundary on. Since then, one of my uncles has forcefully occupied this land by tying his cows in it. They also broke the lock that we put on the door of the two rooms.
We recently tried to initiate sale of all the land that we have there and we were threatened that we would be killed if we set foot there (the son of one of my uncle knows Bahubalis and works for an MLA so maybe police will also not favor us).
My elder brother recently went there for a family wedding and when on the last day asked to politely vacate the land, they threatened him with physical harm.
They say that they are doing this so that we can help them sell the land in Kolkata but we know that if the land in Kolkata is sold, they will not let us have our share in the village.One uncle has built a house on his part and uses our part of the adjacent land as his “verandah” and promised that he will give twice the size of land somewhere else from his share infront of villagers when the division was happening.
I know I will ultimately need to hire a lawyer and get this cleared up but i want to make sure that i know how to proceed in case i hire a lawyer (also because i am scared that lawyers from the nearby area might not help us because of my cousin who has some hold and is openly threatening my brother which we heard from some relatives in the village).
There is a person in the village who does not like my uncles and has agreed to help but says that one of us has to go to the village once so that the village people know that we have asked for help and not that he is trying to take advantage of the fact that we dont live there. So here are my questions:
1. What is a safe way to first initiate a proper division such that each land is divided into 4 parts and each part has its individual owner?
2. We can find people to buy it, but how can we ensure that we do not need to go to the village to sell it?
3. Is there anyway they can stop us from selling our part of the land? (Yes the say the lands are owned by all 4 so how can 1 person sell it, but we only want to sell 1/4th of it which belongs to my father). Also they have build houses on land which is partially owned by my father, can we use this to force them to not prevent us from selling our part of the lands where houses are not built?
PS: my brother is a kind and simple person and since i live away from them, i want them to sell the entire thing so that he does not have to deal with my uncles and their families in the future. Hence my idea of selling, i know its not ideal but its the only way to keep him safe from mental and possibly physical agony. I understand why my father does not want to sell but i cannot see what happened to my mother also happen to my brother.
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