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Rajesh (Sr. Manager)     22 August 2016

Partition

dear sir, our family is joint in nature. we all sharing same kitchen . living together. but there is no any written letter that all brothers are living together. but physically we are in joint family. previously my father was farming now my uncle is farming on that land on behalf of family. family purchase further land that is on the name of my uncle. some land is in the name of two brothers only. some land is in the name of all four brothers. sir how we can prove our family is joint. and we can make partition equally among all four brothers. if any body deny to give his personal name property. the land purchased are from the income of farming. not by income of self .please suggest



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 5 Replies

Kumar Doab (FIN)     22 August 2016

Amicable settlement by registerd family agreement is the best option.

adv.bharat @ PUNE (Lawyer)     22 August 2016

For Hindu HUF no need of any letter.

For HIDU no need to prove that they are joint family it is presumed by law.

Yes all land can be divied among all legal heir by meat and bount basis by senior family member.

If u like my solution then give thanks on my profile.

kavksatyanarayana (subregistrar/supdt.(retired))     22 August 2016

Under Indian Stamp Act, the properties acquired by any one of the individual of the joint family may purchase the properties with joint family funds, that Hindu joint family may divide the properties by as amicabilly  or through well wishers & other elders by way settlement.

Agastya   23 August 2016

First go to land revenue office or registrar. Find someone called as village accountant. It applies to city also. Give all the details. He will pull out ancient records from British times or independence and create a family tree. This is like an organization chart of a company. Is this uncle your dads brother or mothers side? In both cases you need to ensure all required names and wife and 2nd wives (some cases) must be mentioned. If anyone's name is missing he or she gets nothing. Then get GPA from all people not living in that house maybe in some other city. Make GPA in your name. Sometimes unknown people become your relatives if it's a huge property. Now get everyone to one meeting and explain the purpose. Elders may say - are you waiting for us to die? Just be diplomatic and give some explanation of land acquisition possibility by govt. so better to have proper partition else nobody gets govt. money. Now some may have kids below 18. Include those names. Get the parents to sign on their behalf. They must not come back after 10 years and demand things. Get the agreement registered. Else no value. Make certified copies and give to all main family members. My advise is Don't divide less than 1 acre each. You can't grow anything on it. Anyway it's your land. Your wish.

Rajesh (Sr. Manager)     23 August 2016

dear sir

all the properties are purchased by brothers only no any ancetral property. bur during registration in all properties names of all brothers are not included.

in some case all four names .

in some case only two names 

and in some case only one name.

my one uncle is denying to divide the property registered in his name only. always trying to fight . kindly suggest the way how we can divide .


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