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Can I take legal action against siblings?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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Question: Can I take legal action against my siblings because they are trying to capture my land? The land is our ancestral property. My sisters are married and settled in Maharashtra. My elder brother is a doctor and works in the Indian Railway. My younger brother is a teacher in primary school. I am living in the village and doing agricultural work. Apart from agricultural work I am also a social worker. However I have avoided all disputes between us but the time has come to take legal action against my brothers and sisters. Please suggest what action I can take against them?

Asked from: Maharashtra

You can take legal action against siblings. This is your ancestral property and your siblings have joint position over them.  but they cannot take position forcefully and without partition of the land. so far as sisters are concerned, they are not entitled to take share in the ancestral agricultural land. 

The agricultural land is not regulated by the Hindu Succession act. The provisions of land revenue code apply there on. According to the land revenue code the married sister cannot take share in agriculture land. Unless the father has made testamentary will and given share to his daughters they cannot claim partition. 

1. You should file a partition suit

In the current scenario you should immediately file a partition suit in the court of Tehsildar. You can also seek temporary injunction to prevent any kind of interference from your siblings. These legal actions will frustrate the illegal acts of your siblings. Without demarcation of shares of each sibling in the property they cannot take possession.

They cannot claim without partition that which portion of the property belongs to them. Therefore it becomes mandatory to first take partition and fix the share of each legal hair. 

2. Make a complaint in the court of SDM

You should file a complaint in the court of the sub divisional magistrate [SDM]. The SDM can take legal action against your siblings for taking forceful possession over the property. The current disputes between your brothers and sisters may cause breach of public peace. Therefore you should move an application under section 145 of the code of criminal procedure for the prevention of any kind of breach of public tranquillity. 

Also read: Right of daughters in ancestral property

The sub divisional magistrate can take Bond from your siblings for maintaining peace. He can also appoint a receiver on the property to prevent any kind of interference from your siblings. When the tahsildar orders for temporary injunction then the SDM will remove the receiver from your property. 

You should take the above said legal action against your siblings. It will be enough to prevent any kind of undue interference from your brothers and sisters.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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