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Dinesh Sridharan (Own Business)     06 August 2024

Undivided plot of land

I jointly own a plot of around 15000 sq ft of land.  I bought this along with my relative co-owner about 5 years ago, we each own 50% of the land. Now I want to partition this land and use it for my own purpose. My relative is postponing the partition of the property endlessly. We were supposed to divide the land in 6 months after purchase.  My relative is well off and does not need money. My investment has been blocked. I realise that his aim is to block me financially and make me sell my shares to him for low cost. But he does not say  that. Instead he tries to postpone any partitioning ideas with some lame excuse. What can I do other than filing a law suit for a partition as it involves more money. 

To overcome this challenge I built a temporary shed in one portion of the land and kept the remaining land empty. Shed comes to around 1500 sq ft only. My share of land is close to 7500 sq ft. In this temporary shed, I am started to sell some household products and generate income. My relative did not mind during construction, but after I started doing sales he is asking me to stop the business. . What can I do now to protect my investment. He neither comes for partition nor allows to me use my land. What are my rights for using my land using my undivided shares. Please advice Thank you



Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     06 August 2024

You have no option than to file a suit for partition to divide the property equally and to allot your share with separate possession by metes and bounds.

Alternately you can look for any prospective buyer who is willing to buy your undivided share in the property after which he can get the property partitioned by a court order in a lawsuit.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     06 August 2024

It is better to file a partition suit in court.

Dr. J C Vashista (Advocate )     07 August 2024

I concur the exeprt's advise to file a suit for partition.

MOHAMED FIROZ (DIRECTOR)     07 August 2024

What about using his land area for doing business ? Can the co owner object to it ?

1 Like

Dinesh Sridharan (Own Business)     07 August 2024

Thanks for expert answers in going for a suit. Though its an option, I want to keep that as the last one as it will be time , money and energy consuming.  What kind of legal objections can my relative make in using less than my share of the land instead of going for a partition.  Morally, I think i have rights to use my share of land without causing any harm to the co-owner or his share of property. Atleast now he will recognise that I also have decision making rights to this land.   Is that legal. Pls answer.  

T. Kalaiselvan, Advocate (Advocate)     07 August 2024

You must understand the fact that you cannot indulge in illegal activities like your cosharer. 

He indulges in such activities knwoing it very well to be illegal, if you also follow his footsteps then you will be losing your genuine legal remedies at a later stage.

 

P. Venu (Advocate)     07 August 2024

You may, at the first instance, serve a legal notice seeking partition of the property. You also have the option of placing the matter before the Adalat functioning under the Taluka or Dinstrict Legal Service Authority.

1 Like

Dinesh Sridharan (Own Business)     08 August 2024

Thank you sir. Surprising why I am not allowed to use my land, when the title clearly has my name. What are the things I can do with this land other than filing a suit for partition? Can I plant trees or grow vegetables?  List of things I can do legally pls guide me.

 

T. Kalaiselvan, Advocate (Advocate)     09 August 2024

It is not known that how could you get an idea of clear title to your name over the entire property becasue you have already mentioned that it is a jointly owned property, in that situation without proper partition among the joint owners, how can you identify your share in the property, hence you were suggested to file a suit for partition against the reluctant and agitating joint woner.

if you still want to proceed in an illegal manner then it is your decision, no recommendation can be made to advise you to proceed illegally

Dinesh Sridharan (Own Business)     09 August 2024

Thank you sir. As per my understanding even planting vegetables in my land is illegal. I wonder if I can enter into my land, or even that is illegal. Please be aware that the plot of land is vacant and I own half share.  Anyway thanks for your suggestions.


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