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Sameer Sam (.)     27 October 2015

Land distribution

Hi all,

My name is Kaleem aged 33 and am from Hyderabad. I am posting an issue related to my grandmothers property(4.5 Acres of Agricultural Land) which is inherited by my father(Eldest son) and his 3 brothers many years back(Total 4 property holders) . The property is not divided yet and it is in a village, My father, 2 brothers live in the City and 1 in Foreign.The total area of agricultural land is 4.5 Acres and it is "registered jointly" on the names of 4 property holders, but 4.5 acres of land is not "divided" between 4 property holders. My father has retired a year ago and he wants to take his share from 4.5 Acres and convert it to residential property and do plotting and develop the share of his land, but the other siblings are not willing to divide the land right now may be they want to hold it until their retirement for ther childrens marriages or whatever.

Questions:

1) How can my father take his share from 4.5 Acres as per the legal process? 

2) Can My Grand mother who "is" the donor of this property help my father to get his share even if the 3 property holders are not willing to divide the land? 

3) How to divide the land equally between 4 property holders if 3 of them showing thenselves "always busy" and have not time for this?

4) Any suggestions how/what should my father do? 

Thankyou for your time.

Best Regards

Kaleem



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     27 October 2015

First get a legal notice issued to all co-sharers fixing a date  THe notice has to be issued to those persons who are at present looking after / in possession and to all co-sharers..  Then approach Legal servies Authority to arrive at a compromise and get it as an award through District Legal Services Authority.  Engage one sincere and honest advocate for the task.

mohd mahboob (financial assistant)     27 October 2015

above the good advice plus prepare partition agreement

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

First of all ask him to talkmto mhis siblings for an amicable family partition settlement, if others are not willing for it, then he may file a partition suit before a civil court seeking parttion and separate possession of  his 1/4th share in the property.

As far as your grandmother's role is concerned she is a donor and after donating the property to her sons, her role is extinguished, the unwilling brothers have to listen to court's verdict ifyour father approaches court.

A partition through court will be the only  remedy in the given circumstances.


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