X purchased 10 acres of agricultural land
X died intestate and the legal heirs (wife, 1 major son, 1 major daughter) inherited this 10 acres of agricultural land
Three heirs made "oral partition" and started enjoying their shares seperately (3.33 acres each). In few months, they have also made the oral partition into written form - "memorandum of partition"
Now one of the heir is trying to sell his share of land (3.33 acres)
My laywer is saying this:
- oral partition / memorandum of partition does not partition the property by metes and bounds
- purchase should be made only after the property is partitioned by metes and bounds - to avoid any future issues
- partition can be made by metes and bounds in 2 ways - registered partition deed / court partition decree
My lawyer is suggesting - Not to purchase this land (3.33 acres) until the partition of the property is done among the heirs by metes and bounds (via registered partition deed / via court partition decree)
Any suggestion / input would be valuable
