Abdul (Engineer) 25 January 2010

Partition of Mother's Land in Mangalore

Dear respected lawyers and knowledgeable persons I appreciate your expertise in solving a straight forward partition related question

My mother deceased in 1995 owned property which till date stands in her name in RTC records, I have original sale deed ( where she is buyer)

deceased had 5 children - all alive, After mutual agreement and exchange of property, 2 of the 5 have agreed to RELEASE their rights from the concerned land in favor of the other 3. I am one of the 3 recievers

Question : What document is best to can ensure that I get the partition done and subsequent release from the 2 people ?

Once release is done and the property now comes in the names of the 3 people , How do I ensure that I can independently move forward to do Survey and subsequent registration of my portion ( with out having to depend on any of the releasers or receivers)?

One of the receivers of the 3 , may not be able to be present during this partition but agrees to sign later in front of concerned authorities, will this be a problem?

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 26 January 2010

You 3 should file a civil suit for declaration against 2 of your brothers ready to relinquish their share mentioning therein separate 3 shares of you 3 plaintiffs by way of family settlement and on notice both of them shall accept it and mak their statements before the court and thus decree can be got executed as such mentioning your separate shares.

Abdul (Engineer) 27 January 2010

Thanks for the response Mr Makkad, we have a new situation where , all my siblings are either UNWILLING to co-operate or have devised a plan to secure their shares thru exchange of other property.

I was abroad for the last 7 yrs and in the process my siblings have made some internal agreements, they have made me wait for 8 yrs now and the land still stands in my mothers name.

Question : What is the most efficient way to get my share from the land and how do I get the other 4 to release my share?

kind regards

abdul