nil pat (marketing) 14 March 2012

Sale of undivided part of the agriculture land in Gujarat

My self, my uncle(father's younger brother), my elder auntie(father's sister) and my younger auntie(father's sister)

we have agriculture land in gujarat and we are above four owner of our agriculture land.

still these land is undivided -

my uncle and auntie are not intrested to sale these land and they dont want to give me my 1/4 part from the land.

I want to sale of my undivided part/share of these land - 1/4 part

is it possible? to sale of my undivided part/share -- how can i sale thses and how can i register a document (dastavej) legel to buyer?

is this type of case happens before - in court - can i get the report - please

Is this legally possible to sell land which is still undivided?

What can I do in this matter?

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3 Replies

Shantilal Pandya ( Advocate) 14 March 2012

Yes,

you can sell undivided interest in the land. the purchaser would be joint coowner in the land alongwith other nonalienating coshares, sale deed would be as simple as a normal sale deed , if you want separate allotment, you should file a partition suit in the civil court , if the land is a fragement within the meaning of the Prevention of Fragmentation and Consolidation of Holdings Act, you can aplly to the collector also ,, but the filing of civil suitwould more convenient so as to pass effective decree in the mattoer resolvimg all disputes concerning incidental issues

Shantilal Pandya ( Advocate) 14 March 2012

Originally posted by :Shantilal Pandya
"	Yes, you can sell undivided interest in the land. the purchaser would be joint coowner in the land alongwith other nonalienating cosharers, sale deed would be as simple as a normal sale deed , if you want separate allotment, you should file a partition suit in the civil court , if the land is a fragement within the meaning of the Prevention of Fragmentation and Consolidation of Holdings Act, you can aplly to the collector also ,, but the filing of civil suit would be more convenient so as to pass effective decree in the matter resolvimg all disputes concerning incidental issues	"

Bharatkumar (ADVOCATE ) 14 March 2012

First u file a suit for partition of land and then u take a order of court and title of land but u meeting with your family members and sale this undivided land area.