Cultivating the suit property

Guest (Querist) 28 December 2016 This query is : Resolved
Dear Experts,

My brother filed a partition suit before the court for seeking his 1/3rd share from parental ancestral property and he is living in USA,but me and my mother jointly cultivating 2/3 shares of the same land.

My question is,can my brother request the court to attach the crop to the court by appointing court commissioner at the time of harvesting?is there any provision in law like this?

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Rajendra K Goyal (Expert) 28 December 2016
Without knowing full case details / file / material facts/ related documents, nothing can be advised. Discuss with local lawyer.

Ms.Usha Kapoor (Expert) 29 December 2016
AGREE WITH RK.Goyal.

Guest (Querist) 29 December 2016
Full details of the case:

we have 4.5 acres of parental ancestral property.
we are two sons for my parents and my father expired in 2003.

we had differences in sharing the above said property as he is not agree to give the share to my mother, and my brother approached to court and filed a partition suit for his 1/3rd share and requested status co to not alienate his 1/3 rd share till the disposal of the suit and court is granted status co to not alienate.

we had planted paddy in one acre of the same property and trying to cultivate two more acres as we have 3 acres for two shares(one share for me and another one share for my mother as my mother also staying with me).

now my question is, is there any provision in law to attach or hand over the crop to court at the time of harvesting?
I heard a roamer in my village like my brother is trying to file a petition in the court to attache the crop.Is it possible to attach the crop to court by appointing a court commissioner?

Rajendra K Goyal (Expert) 29 December 2016
you can harvest the crop till any stay is granted by the court.

If any such application is filed, oppose the same on merits.

Remain in touch with your lawyer to keep your interest safe.

Guest (Querist) 02 January 2017
Dear Experts,
Thanks a lot for all your valuable suggestions

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