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To know the hurdles of property, which is undevided.

Querist : Anonymous (Querist) 22 February 2010 This query is : Resolved 

Good after noon. I am having a querry about the property.

We have a property in Belgaum - about 5 guntas, which is undevided. The property is ancestral one, which is jointly owned by my father and his two brothers. One of my Cousin Brother is staying in the Property and we all others are in and around Belgaum, staying separately. I have tried my level best to get the partition done in the existing property with our co-pasner. but, becuase of one or other reasons, the act is not materialised. Actually, I am in need of money and I would like to know the procedural activities to be done to get it partitioned. Here, I would like to state that none of my cousin brothers / sisters are not interested in doing the same. Once the property got the partitioned, i can sell off my share of property to meet the financial needs. Hope, you will help me in solving this problem.

Thanks & regards,
C T mahajan

Raj Kumar Makkad (Expert) 22 February 2010
Engage a local lawyer, provide him all the documents of the land including latest revenue record and file suit for partition. All other partners shall become respondents in the suit and partition shall take place irrespective of opposition of your cousin.
Querist : Anonymous (Querist) 22 February 2010
Sir, thanks for your immedaitely valuable suggestion. However, i would like to know that if any prospective buyer interested in buying undevided property knowing all the facts of property i.e, undevided, can I proceed further with.... &will it be legal? This I thaought when one of the buyer asked me about selling of my share of property. Please educate me.

Thansk & regards,
B K Raghavendra Rao (Expert) 22 February 2010
Collect revenue records like RTC, mutation extract etc. Prepare a family (geneological) tree. Then issue a legal notice to all the co-parceners for partition. If they do not respond positively, file a partition in the local civil court.

You cannot sell your share now, as exact portion of land that may come to your share is not known. You can sell your share only after the partition. Also, note if the land is agricultural land, you will have to sell it only to an agriculturist as per Karnataka Land Revenue Act.
O. Mahalakshmi (Expert) 22 February 2010
I agree with Raj Kumar Makkad.
Raj Kumar Makkad (Expert) 22 February 2010
There is no legal bar to sell the share of the property without getting it formally partitioned. Token possession of the sold share is provided in such matters if the seller is not in a particular possession. If any buyer is ready to purchase the share then you may sale it an it is purely legal.
Querist : Anonymous (Querist) 23 February 2010

Thanks for your further guidence.

I have gone through your suggestion. But i could not understand the matter clearly.

Can you explain please ?

Hope to receive reply

Thanks and regards
B K Raghavendra Rao (Expert) 23 February 2010
I agree with comments of Sri Raj Kumar Makkad. But, who would like to purchase a property which is not definite now, and could be the worst ever portion offered later on. Unless one is sure of the location and identification of the property he is going to buy, one would like to invest money. Apart from legal accuracy, we also need to look into practical aspect of it.

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