Agricultural land partitioning between brothers

sree (Querist) 24 April 2012 This query is : Resolved
Hi, we are 2 borthers (Ramesh, Suresh)and one sister. my Dad bought 7 acres of land and 3 acres my grand father gave to my dad.Out of total 10 acres, 2 acres on my mother name and 8 acres on my dad name. Now my paretns are ready to partition the land for both the brothers. But elder one Mr. Ramesh is not accepting for partitioning. And Ramesh is not accepting to pay debts of 30lacs also. Now please let me know is it possible to write the 50% of land on my name (Suresh) with out Ramesh interference. Is anybody else signatures also required before gettting registerd to my name or my parents signature alone will be sufficient?
And am ready to pay debts too.Please give the solution how to proceed further with out having any problems in future. location is Chittoor (Andhra pradesh)

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ajay sethi (Expert) 24 April 2012
sell of land necessary to pay off debts of 30 lakhs . start on clean slate . balance land left can be divided among brothers as your father dems fit .

in alternative contact a local lawyer prepare necessary documents . your father can make a will in favour of his children or execute gift deed

Raj Kumar Makkad (Expert) 24 April 2012
If you are ready to clear the debt then get the gift of 50% land as per wishes of your parents and leave rest of 50% land for future in the name of your parents.

Various arrangements can be done regarding rest of land. You shall get exclusive right over the land given to you under gift deed and no signature of any other person are required thereto as the property is self acquired of your parents.

prabhakar singh (Expert) 24 April 2012
HEY!

You did not tell in which state this land is?

Any way your father is exclusive owner of the 7 acres of the land he bought in his name and is free to transfer that in whatever mode he likes.

Since you say you are ready to discharge the loan then you can buy this land from your father paying its' value lump sum or paying the surplus over debt with stipulation to discharge the debt.

The 3acres of land which your father got from his father, if not situated in UP, then it would legally deemed to be owned by your father with equal share of his all sons and daughters as coparcener.
In case you do not have sisters then in this 3 acre you trio have 1 acre each.

Hence your brother is ready or not ready does not matter too much as his right in present is restricted to maximum of 1 acre.

Having this picture in mind visit a local lawyer to get your desired job done accordingly.