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questions regarding unpartitioned propery

Querist : Anonymous (Querist) 05 April 2011 This query is : Resolved 
Dear sir
let me try to put the facts first.
my grandfather is one of the five legal heirs of 96 cents of un-partitioned land. because of some unresolved problems the partition could not be done as of yet. now, none of the five original legal heirs are living. however, when they were alive they had entered into a verbal understanding on partitioning the property according to which they constructed their own houses in the land they have been assigned and de-marketed the boundary with a wall. ironically, due to unknown reasons, the verbal partitioning has not put on paper even now. different share holders have different ideas on partitioning the land which is not in accordance with the verbal understanding reached between the original five heirs. and this is the root cause of dispute preventing successful partitioning of the property.
the entire land is still in the name of late Mr. LMM, father of the original five heirs. the land tax was paid in his name only.
now here is my question.
today i received an information that grandson of one of the original five legal heirs has done something where by now he can pay the land tax for the property under his control and that now he has gained the rights to do anything in the land under his control.
can this be true? is there a provision in law which permits this without obtaining permission from other share holder of the property?
Raj Kumar Makkad (Expert) 06 April 2011
The right to pay Tax of a part of un-partitioned property by a single person is not a big issue as it do not provide exclusive ownership thereto or it do not provide partition/exclusive possession legally over certain definite portion so it is not a partition.
R.Ramachandran (Expert) 06 April 2011
I fully agree with the views of Mr. Raj Kumar.
For your problem, you have to consult a lawyer in your locality, take appropriate legal action for partition of the property. Without this, you cannot have any permanent solution. If it is allowed to continue in the present form, it will cause parennial problem to all your heirs also.


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