Legal Advice

Can I take legal action against siblings?

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?

Advise

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

High Court Lucknow

Criminal Law

Ask Your Question

Latest Advice

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

I lied to my boyfriend about my divorce now he refuses to marry

,

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

,

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Husband denied to access my matrimonial home

,

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

,

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

,

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.