Partition suit based on release deed between brothers

In this situation where we have you and your other three siblings who want to sell the agricultural land however the elder brother who is the owner of a smaller share, is not willing to agree due to the increment in land value. Since this is the situation here are some potential steps that can be legally taken.

Filling a partition suit is the first step, since there is no unanimous decision between all the owners therefore you can file for a suit of partition in the court. Thereafter, the court decides how to split the property amongst all the co-owners. Taken that the land cannot be divisible into smaller reduced parts, therefore the court can rule the sale of the property as a whole and divide the proceeds between all heirs which includes the elder brother as well.

Another thing that can be done here is requesting for partition by sale, in a matter like this where the property is not divisible physically therefore a request to the court can be made to order a sale for the property and then proceed to divide the sale profits based on each heir. In this situation as three out of four heirs are agreeing to sell therefore this makes up for a strong case.

Offering a buyout if possible, is another way to handle this. If you buy the elder brother’s 5% share at an agreed price then that would simplify the whole sales process. Then one would have control over the entire property. Even though this may not be the ideal way due to the increase in the value of land but it is a practical solution to avoid prolonged legal proceedings.

Negotiating and mediation before escalating a partition suit could also be wise to explore. Oftentimes having a neutral third party makes it possible to reach an agreement and this way with all the siblings a mutual agreement can be made without having to go to court and mediation can be a faster and less expensive method. By using any of these legal remedies it is possible to overcome the deadlock while moving forward with the selling of the property.

Hello Gautam,

I completely understand your distress over the land dispute, and I have some advice that may benefit you.

In this scenario, the heirs all inherit land together and are therefore lump properties that will be explained with “co-ownership or tenancy-in-common” where each heir owns a share of an undivided property.

As per Section 44 of the Transfer of Property Act, 1882, when there is “co-ownership” of the property, then each of them has the right to sell their share from their undivided share. There is a condition that this can’t be done without the consent of the other co-owners. 

And since your elder brother is refusing to sell the property, you have the option of filing a petition in the civil court of your area for partition. 

Once the decree is passed, you can sell your respective shares independently without the consent of your elder brother.  

The court can also follow the DOCTRINE OF OWELTY, (only at its discretion) which will eventually compensate your brother (who is refusing to sell) by paying the market value of the share he has. 

You can also ask the court to facilitate the sale of the majority’s shares and the one who is being non-cooperative will be compensated with the proportion of their interest.  

From my point of view, these procedures will help you with the sale of that property in one or the other way. 

Thank you for reaching out to us. Please ask if you have any follow-up questions, or need any further clarification