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landowner (NA)     27 October 2013

Can i easily sell my share

Dear Experts,

It would be grateful if someone will guide me here to come out from the following :

4 sisters and 1 brother, total 5 people having common 7/12 owned 87 gunthas agriculture land from their mother. If we divide the land in equal, each one will have 17.4 gunthas. It has "gut number" and no "survey number".

My questions are,

1. Can each person sell his/her land (17.4) to buyer without any objection of other 4 people?
2. If any 1 person can sell his/her land then what are the rules have to be followed?
3. If any 1 person cannot sell his/her land then what are the possible solutions to achieve this?
4. If any 2 persons are ready to sell their land, can they do it because I heard that one can sell land if it's above half acre (20 gunthas) without objection of others?
5. If a person can sell his/her land, is it really compulsory for individual seller to take other people's permission to sell land?
6. Is this a case of tukadabandi? I am not sure because I assume tukadabandi comes into picture if we sell below 10 gunthas. But in document I received, court has mentioned that this land is in tukadabandi. I am curious about what is that for?
7. Can I make an individual sale deed and then buyer have his name on 7/12 in place of my name?


Thanks in advance!



Learning

 4 Replies

bhagwat patil (Property due diligence 9422773303)     27 October 2013

1. Can each person sell his/her land (17.4) to buyer without any objection of other 4 people? YES EACH PERSON CAN SALE HIS UNDIVIDED SHARE. 2. If any 1 person can sell his/her land then what are the rules have to be followed?THE FRAGMENTATION ACT SHOULD BE FOLLOWED. 3. If any 1 person cannot sell his/her land then what are the possible solutions to achieve this?HE/SHE CAN SELL UNDIVIDED SHARE. 4. If any 2 persons are ready to sell their land, can they do it because I heard that one can sell land if it's above half acre (20 gunthas) without objection of others?20 GUNTHA IS REQUIRED IF YOU NEED SEPARATE 7/12. 5. If a person can sell his/her land, is it really compulsory for individual seller to take other people's permission to sell land?NO NEED OF PERMISSION IF PURCHASER DONT NEED PIECE OF LAND IN SPECIFIC DIRECTION 6. Is this a case of tukadabandi? I am not sure because I assume tukadabandi comes into picture if we sell below 10 gunthas. But in document I received, court has mentioned that this land is in tukadabandi. I am curious about what is that for?IF YOU FRAGMENT THE LAND TUKDEBANDI AFFECTED. 7. Can I make an individual sale deed and then buyer have his name on 7/12 in place of my name?YES HE CAN.YOUR NAME WILL BE BRACKETED AND HIS NAME WILL BE ENTERED INSTEAD. Thanks in advance!

landowner (NA)     27 October 2013

Thanks a lot Mr. Bhagwat Patil. This explains everything. I will get back to you if I have any further queries.

 

landowner (NA)     02 November 2013

Dear Experts,

Thank you again for answering previous queries.


For some reasons I had to transfer our share of land (17.4) to one of the co-shares. Now he has total 34.8 guntha and each one from remaining co-shares have 17.4 guntha (Total : 34.8 + 17.4 + 17.4 +17.4 = 87)

My questions are :

1. Can we make a separate 7/12 of that 34.8 guntha share? Is this the same as creating a partition of land and is that against fragmentation act?
2. Who can guide me about the process of making a separate 7/12?
3. If remaining co-shares will not allow us to create a separate 7/12 of our share then what will be the next step in order to resolve it?
4. What is the easiest way will you suggest if I want to come out from all this easily without any clashes?
 

landowner (NA)     21 January 2014

Dear Experts,

 

I apologize if I am asking basic questions but I am totally unaware about anything about land related deals. I hope you will bear me in this regards.

At present my share is merged in one of the co-owner's (my uncle) land and he is now having 34 guntha land in total 87 guntha.


These are my questions on the basis of my last queries :

1. I wanted to sell my share by making a separate 7/12 as the buyer wants it to be separated from 87 guntha. My uncle is ready to give 3 guntha to complete 20 guntha land.

2. I had spent about 70-80 k to transfer my land to my uncle but this time I am unable to spend this much amount.

3. Is there any way I can sell this land with the help of my uncle without transferring it to me again?

4. I heard that I can make a power of attorney but how can I decide which share of land is mine to be sold to buyer? Can I make a decision as my own in order to sell land if I make a power of attorney?

5. Is there any other way if above options are not possible?

Detail explanation will greatly appreciated.


Thank you in advance.

 


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