Dear experts,
We are 5 brothers in possession of our 1/5 share of ancestral land. In the revenue record the property bears the name of all 5 brothers but we had a verbal aprtition 20 years back and have since been in possession of our individual shares. Now one brother has filed a suit for partition and asked for a stay of any sale/purchase claiming that partition has not been done. We have similar properties at other locations in the same city where there is the same situation. Infact, at another location of the plaintiff constructed his house on joint property after a partition deed was executed for that particular property. I also have an affidavit from my father (now deceased) stating that he had carried out a fair partition amongst all brothers of all the lands during his lifetime. Can this be used as evidence. Please suggest what I can use as evidence to defend this case. I think this brother just wants the plot that is in my share owing to its higher cost now, which was not the case 20 years back.
Thanks a lot in advance for your valuable time.
