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Milind_MBR (others)     08 November 2011

Huf property

My Grandfather expired in 1996. He was a Karta of HUF which owns agricultural land. Out of this agricultural land, 10 acres is still unpartioned and the 7/12 form of this unpartioned land still has my Grandfather's name as 'Eaktra Kutumb Manager'.  My Grandfather is survived by 3 brothers and 3 sisters. The unpartitioned 10 acres land is not under cultivation and was never under cultivation and is not occupied. My Grandfather's brothers and sisters are interested in selling off the land, but my father and myself are interested in investing in the land for farming purpose. Are we legally permitted to do farming on this 10 acres land? Can we stop them (My Grandfather's 3 brothers and 3 sisters) from selling off the land? If we proceed with farming in the said land, then, will we have to give the share of the earnings to my Grandfather's 3 brothers and 3 sisters? Please inform.



Learning

 1 Replies

Advocate Vishnu (Advocate)     12 November 2011

Dear Milind,

how many children does your grand father have...? if your father is the only child you may have to do the following.

1. File a suit for partition between your father and your grand father's siblings to get a legal share of your father's right in the property.

2. file for an injunction against alienation ( so that the sale of the property can be stopped)


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