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Raj   06 June 2021

agriculture land partition dispute

what is the legal procedure to partition a agriculture land between legal heirs if one of the heir is not concerned about partitioning the land.. ?


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 5 Replies

Sankaranarayanan (Advocate)     07 June 2021

Better to amicably partitioned the land among the legalheirs. if not possible, then file a partition suit before the appropriate court and get partitioned for which better to consult a lawyer in your place and act accordingly.

G.L.N. Prasad (Retired employee.)     07 June 2021

First,  get issued a registered legal notice for partitioning the property by one to all.  Then, make attempts to file PLC before District Legal Services Authority if any one of the co-sharer is eligible to seek legal aid as per LSAct if the attempts to convince through mutual friends or relatives fail to yield any result. A partition suit takes more than a decade to get a judgment in a court, and it is not clear as to the reasons for not agreeing for partition by the co-sharers.  The presumption is that the co-sharer is actually cultivating the land, enjoying benefits, and the land was mutated in his name.  The unwilling co-sharer might be under the wrong impression because revenue records disclose his name he is alone the absolute owner of the entire property, which is not divided into metes and bounds between co-sharers.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 June 2021

Instead of going courts, You may go in for a family settlement agreement which needs to be signed by all the members acknowledging that this agreement wasn’t made through fraudulent means, force and coercion from any family member. Not just property or immovable assets, shares, claims, family feuds, are also areas where a family settlement agreement.

T. Kalaiselvan, Advocate (Advocate)     07 June 2021

If even one of the legal heirs is not willing for a amicable partition, then the other heirs can approach court of law with a suit for partition  to divide the property as per law and to allot each heir their legitimate share in the property with separate possession. 

P. Venu (Advocate)     08 June 2021

Please post complete facts as well the issues, if any..


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