How to stop legal heir using land without property distribution?
I have two brothers and two sisters. My parents passed away during the COVID-19 pandemic in 2020 and 2021. I am trying to distribute the property equally, but my brothers are not agreeing to this. We have 5 acres of land and a house that consists of 3 blocks with 3 rooms each, where we currently reside. The property is still in my father's name. However, one of my brothers has started using the land for farming without informing me and without any formal distribution of the property. How can I legally prevent him from doing this?
Partition disputes involving ancestral property, especially agricultural land, are common. When one co-heir unilaterally possesses and cultivates joint land, it violates other heirs' absolute rights to their share, acquired by birth or determined by will/succession laws. The aggrieved co-heir can claim **mesne profits** for wrongful use. Legal remedies include obtaining a **partition decree** (Order 20, Rule 18 CPC) and an **injunction order** (Order 39 Rule IV CPC) to halt further unauthorized cultivation, as confirmed by cases like *K.K. Verma Vs Union of India*, which prohibits exclusive possession without co-owner consent.
Since your father’s property has not been legally divided, it is considered joint property of all legal heirs. You can file a partition suit in the civil court to legally divide the property. You can also request the court to stop your brother from using the land without your consent until the matter is settled. For further legal assistance contact us on our helpline number.
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