Hi,
This is a real incident taking place in my family... Please have a look and suggest me what can be the possible options to bring justice to my parents and brothers.... So far on paper we are joint family where along with my parents we four brother are there. Now due to job me (youngest brother) and my 3rd elder brother lives out of city in other state.
My father had purchased a piece of land from his saving and small contribution from my maternal grandfather in year 1985 and registered that plot of 2 Kattha in this order, One part of 1 Kattha to his eldest son (minor that time) and 1 kattha to his wife.
In year 1989-90 my father constructed ground floor building. After that another part (1st floor) of building constructed in 2003 by my father on the land belongs to my mother. Then in year 2009-10 another part was build by my 2nd eldest brother on the land belongs to my 1st eldest brother as 1st one showed incapability to build it.
Now there has been dissent in the family. The eldest son is asking for all assets to be divided . The remaining members of the family (3 brothers their families and the parents do not want to do so). Eldest son has been making life difficult for the family living in house by creating nonsense everyday and is insisting on separation. Eldest son is asking for the land paper belongs to him and his share from the property belongs to his mother.
Construction on land took place considering a single piece of land. Few days back eldest son has erected a wall between the hall to start separation process but does not want to share anything on paper as he is sure after parents death he can easily take his share from his mother property. From the beginning eldest son is living in part belongs to his mother and rest of the family are living in flat constructed over eldest son land. Re-registration of the land is also not possible as the registration of that particular area (where more than 1000 family is living) is not taking place because of state govt notification.
Both parents are alive and they don't want to give half the share in favor of the elder son. Parents are really heartbroken with the behaviour of their 1st son. Rest of the sons are united and they want a solution that protect their interest along with parents. In case of separation parents want to divide equally among all brothers.
Please give your comments/observation regarding this case not limiting to the following:-
One - Is the registration of land while the son was a minor valid? Can it be changed be the parents to their choice now? If no, What can be done to facilitate division of property in four equal parts.
Two - In case the registration is valid and the land belongs to the eldest son , what happens to the constructed part on the land where eldest son contribution is nil.
Three - What are the possible tools available to come out of this situation ( internal negotiations have not worked out as eldest brother is aware of the registration details).
Please help.
