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Navender Reddy   06 September 2019

18 years back am purchased land of my younger brother partitions

Hi Sir kindly please advice. 18 years back am purchased land of my younger brother partitions which was got by my father and grands fathers and grand grand fathers. 1) Now does my brother sons and grands sons are legally eligible or not on me to get the land? if they can move to court. 2) Can their grand sons are eligible to proceed legally? Please advice me sir,


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 September 2019

Types of Partitions for Real Estate Disputes

To ensure peace is maintained between the parties that have brought the dispute, a partition action is often how the courts would like to resolve these matters. Within this regulation, there are two primary forms of partitions involving land ownership. These are actual partition and partition by licitation or succession. The actual partition cuts the specific interest when it is jointly owned. This then provides individual portions of the property to each person that is smaller than the total previously owned together. This is the easiest form of partition and the most commonly used action taken. While the parties may not be completely happy with a smaller portion, they may be amenable to a resolution.

A licitation partition or a partition by sale is when the property is sold in its entirety which provides the parties involved with the proceeds. Though this may be a drastic move, it is taken when the actual partition is difficult to complete or when the involved parties cannot agree on an outcome. This may be accomplished more often when there is a small building or similar items that cannot be split equally. This means selling the lot is the better resolution for all involved persons. This then leads each to collect the proceeds and then purchase land or property as he or she sees fit.

G.L.N. Prasad (Retired employee.)     07 September 2019

If you have purchased the property 18 years back from your brother's extent of share from him through a deed, you have nothing to worry if you have possession and mutation in your name.  These kinds of threats are normal now to extort something and even if they file a partition case as per the market value of property it takes a minimum of 15 years to get the final verdict.

P. Venu (Advocate)     07 September 2019

Was the property "purchased" through conveyance deed, dult registered.


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