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UI live in a joint family, we are three brothers. One eldest brother is Dead and his wife and kids moved out, now my elder brother (middle child) and I live in the house with our families with our mother. Our father is no longer alive. Now Majority of land and plots are registered in the name of middle brother who is older than me. Now Me and the Eldest brother’s Family want everything to be separated and divided fairly cause it was all earned with mutual efforts and a single business that was set up by our father and each one of us contributed to it. But the middle brother is refusing to split or divide since he is benefitting the most. He is not even up for discussions on possible divisions and snaps at me every time I try to approach him regarding the matter. I tried mediating it with elder relatives but he just won’t listen to anyone. Even the relatives are on our side and know we are right but they are not intervening. I just want to end things and be separated and get what is fair. The Eldest brother’s family is also struggling cause they have a lot of bills to pay and living on their own. If this property gets divided fairly then everyone will be better off, my family and also the big brother’s family as their struggles will reduce drastically. I don’t know if I should pursue this in court and how much time will it take and whether it will even stand, because it was registered in the middle brother’s name in the first place. Any help or advice would be much appreciated, Thanks.
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KNAL
I have fighting a similar case where my maternal grandfather gifted most of his land to my mother’s elder sister. It is similar to your condition since in your case too land has been registered in your elder brother’s name. I am sorry to say but if your father did not inherit the land, instead bought it on his own and then registered in your elder brother’s name then not much can be done if your brother was more than 18 years old when property was transferred in his name. But if it was ancestral land then your father was just a coparcener of the property and had no right to give the entire property to your brother only. You have a fair shot of partition in the second case. Unfortunately if you fall under the first category, you can bring your brother to the negotiating table by telling him that you would file a partition suit on the entire land and even make your Bua and sisters as codefendants (since they are on your side) and this will tangle up all his property for the next 10-15 years. This would soften him up. Fair warning though, my case has been going on for 20 years now. We are in the final argument stage but even after getting the judgement, it would take years to get it executed. So just threaten a partition suit but be very cautious before filing it.
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