Complicated issue need help......
aditya
(Querist) 11 November 2014
This query is : Resolved
Sir I am from chhattisgarh. There are 30 acres of ancestral land in my and my brother's name(jointly he is partner in every acre of land).he took loan of 3 lakhs from government bank under some kind of farming scheme,putting the land as security(since that land placed as security is also in my name so signature was also needed but he fraudly released the loan without my sign),now he was unable to pay the loan so, he asked me if l pay the loan then he would give me 3acres of his share.I paid the loan he said that he would give me this and this... land(without any legal formalities just orally) meanwhile he died without registering that 3acres into my name.
Now his widow is ready to give me 3acres as promised by her husband.
So here my question start:
1.can I separate ""only"" that 3acres which are going to be in my name as our 30 acres are jointly in my and my deceased brother's name.since I don't want to have a partion.
please tell me. A way...
Devajyoti Barman
(Expert) 11 November 2014
Yes, his widow can 3 acres out of her undivided half share in land in your favour.
R.K Nanda
(Expert) 12 November 2014
u can separate that 3 acres of land and then put ur boundary wall around it.
T. Kalaiselvan, Advocate
(Expert) 15 November 2014
This 3 acres of land to be given by the widow of you brother has to be signed by all the legal heirs of your deceased brother, which should be sale deed executed in your favor by those legal heirs out of the share of the deceased in the joint property. After having got this property registered on your name, it is better that you go for partition of the remaining property as per your entitlement and get that deed also registered so that you will become an absolute owner of the entire 18 acres of the property without any ambiguity in the future.
aditya
(Querist) 15 November 2014
So sir can I prepare a sale deed on the basis of khasra no and khatauni before partition.
Or else sir please tell me what information of land I have to provide in the sale deed
Also sir there would be 4 legal heirs according to me they are:
*my mother
*my sister in law
*my two. Nieces of 17 and 7 yes respectively
So sir my both nieces would also have to sign the sale deed????
Kiran Kumar
(Expert) 16 November 2014
She may leave her part in your favour...but for physical possession, you will be required to file Suit for Partition. As the actual shares and the boundaries are yet to be determined, you may not get registration done in your favour.
Better seek partition.
