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Sub division of property

(Querist) 23 January 2015 This query is : Resolved 
Dear Sir,
My father has left behind undivided agricultural land measuring 9.08 acres and we seven are legal heirs.Out of this seven one is putting all hurdles in sub division lodging false complaints like threat to his life by others with the local police and land grab cell and we are frequently called by the police.The land remains uncultivated for a decade and we do not want the land to remain as such.Can we cultivate the land and the person has any right to stop it.We cannot approach the courts since we do not have my fathers death/legal heirship certificate and the process is also quite long and they do not come out with any tangible results if the previous cases are any indication
C Rajagopalan




Jayashree Hariharan (Expert) 23 January 2015
Please get a legal heir certificate and do a partition deed. Or alternatively you can file for a case for partition, which of course you are not interested in. Therefore, pls make you brother to sit down and partition it amicably, if possible.
Rajendra K Goyal (Expert) 23 January 2015
First try to have amicable solution of the problem.

If not possible, You have to gather all relevant documents regarding ownership of your father and legal heir certificate. File case of partition.
ajay sethi (Expert) 24 January 2015
file suit for partition
Guest (Expert) 24 January 2015
Well advised by Expert Mrs.Jayashree Hariharan
R.K Nanda (Expert) 24 January 2015
no more to add.
T. Kalaiselvan, Advocate (Expert) 26 January 2015
You first initiate steps to get death certificate of your father and legal heirship certificate after which better partition the properties among yourselves, if somebody not willing for an amicable partition, the next option is to seek the interference of court with a partition suit.


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