Brother is continuing construction in violation of family settlement. It is more than 12 years over my father passed away with no will. in year 2018 a unregistered family settlement done among we 3 brothers but now with bad intention my younger brother refused family settlement saying it has no value and started construction over some properties. I told him to stop construction since there have been no legally valid partition of property but he is not listening.
I have been told that a co-sharer can, t seek injunction against other co sharer and can, I stop for carrying construction as he is in exclusive possession on properties. I am in job, live in other city and only go home on occasions and to meet mother. How I can get my legitimate share and restrict my younger brother from carrying out construction so that neither shape and status of property be changed nor any third party interest created.
It is possible for you to seek legal remedies to protect your share of the property and prevent your brother from carrying out construction without a legally valid partition of the property. As you have mentioned that you are a co-sharer of the property, you have a legal right to your share of the property.
However, since the family settlement was unregistered, it may not be legally binding in a court of law but it proves that the parties were agreed on the terms and conditions mentioned in the settlement deed.
One option would be to file a suit for partition of the property and seek an injunction to prevent your brother from carrying out construction until the partition is legally completed. This would require you to prove that there is a valid family settlement agreement in place, and that your brother is acting in violation of that agreement.
Another option would be to file a suit for specific performance, asking the court to enforce the unregistered family settlement agreement and ordering your brother to follow the terms of the agreement and stop the construction.
Also read:
- Can I take power of attorney from my son to sell my land
- Civil court has passed stay order on my land: How I vacate?
- How to safeguard the land rights of the legal heirs?
