U Surya 03 May 2022
My Mom is allotted a land by tnhb alongside one sister and two brothers. We got allotment order. But brothers are not ready to divide and give to their sisters.. they are refusing to give them the partition land. To get the land from govt, all members need to sign. They are refusing to sign. They are trying to give small amount of money and trying to take the land. What is the procedure to divide land from the brother seperately ...They are not coming to sign in the tnhb office to get saledeed.
Divya Vijayan 04 May 2022
Hello sir!
Under the Partition Act of 1893, in case of a suit for partition, if it appears to the Court that the partition of the property cannot reasonably happen or sale of the property is more beneficial, then the Court may, on the request of the shareholders interested, direct the sale of the property and distribution of proceeds. The provisions of the Act also deal with the rights of the member of the family to purchase the share of the stranger ‘suing’ for partition. Under section 9 of the Act, it gives power to the Court to distribute the property equally and make the sale of reminder property and to distribute the proceeds.
You can also opt for partition through Court but before filing a partition suit, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court.
Kindly refer to the below mentioned link:-
https://www.lawyersclubindia.com/articles/partition-suit-principles-practices--10449.asp
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