Partition of Agri land
SURESH
(Querist) 04 January 2017
This query is : Resolved
I have ancestors Agri land in Maharashtra and now it is going to be partition, total 5 brothers, requested to tehsil to make partition,fees paid, now I want to know who can claim first right, either from elder to younger or vice versa , on the choice of 5 equal parts of land ,to select the best piece of land geographically. Any reference to the rules or act or case law in the light this subject.pl help me out.
Ms.Usha Kapoor
(Expert) 05 January 2017
Elder to younger can claim first right.
SURESH BV, Advocate
(Expert) 05 January 2017
Dear Suresh,
The partition of property should always be done by mates and bounds. When the co-parceners have got the right in the ancestral property, the property should always be divided equally. The question of considering elder or younger does not arise when the property is being divided.
Rajendra K Goyal
(Expert) 05 January 2017
Property would belong to all jointly till divided.
Enter into and execute a registered partition deed after mutual understanding.
Since this is ancestral property, there are chances that other Legal Heirs may be having share in it. Discuss with local lawyer.
Kumar Doab
(Expert) 05 January 2017
Agreed with Mr. SURESH BV, Mr. Rajendra K Goyal.
R.K Nanda
(Expert) 05 January 2017
Execute a registered partition deed.
Rajendra K Goyal
(Expert) 05 January 2017
Expert Kumar Doab,
Thanks for agreeing.
Kumar Doab
(Expert) 05 January 2017
You are welcome Mr. Rajendra K Goyal.
Hemant Agarwal
(Expert) 02 February 2017
1. Partition of Property is related to "mutual consent" amongst the legitimate interested parties. Hence no statutory authority has any legal jurisdiction to impose his views or decision on "allotment" of "specific or choicest" part of property to anybody. Similarly seniority of age or whatever (of the beneficiary) also has no relation on "allotment" of "specific or choicest" part of property.
2. Partition of Property, shall also be governed by Right of Easement. In case of disputes, the Area collector's office will decided the modalities.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
