Subrata Ojha (Audit Assistant) 03 September 2010

Ancestral Property partition

My grandfather had purchased a land in 1937 measuring 70 decimel(35 Khata).he had 2 sons.one my father and my uncle.since his demise in 1984 both his son had a peaceful possesion of the land.Now because of urgent need of money my father wants to sell of the part of the land belonging to him(17.5 khata).My uncle is not willing to sell the land nor he is intrested to take the part of land belonging to my father.In such a case my father wants to divide the land into 2 equal portion and sell of his part(belonging to my father).My uncle is now insisting that he will not divide the land nor he will sell it nor he will purchase my fathers portion of the total land.

Ques.

1.How can we make a partition of the joint land between my father and my uncle in case he is not willing to make the partition? 2. Is there any legal way to sell of the part of the land belonging to my father? what are the legal formalities involved?

Please advise as soon as possible.we are in a urgent need of Money.

Subrata Ojha

91-9470371488

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6 Replies

Jebaraj Jasper Jacob (Advocate) 03 September 2010

Advice your father to file a suit for partition of his 1/2 share in the property by metes and bounds through court. Even otherwise your father can sell his undivided share in the property to third persons.Only if the property is a domicle house then only it should to sold to the co-owners and if any of the co-owner is not willing then only it can be sold to third party.

Subrata Ojha (Audit Assistant) 03 September 2010

thank u sir for ur advice.

but one more question.when we will divide the land into equal half and and at that time if they will refuse to come to the site will it be possible to divide the land and sell in their absence or it can be safely done with the presence of the members of gram panchayat and other people living nereby.will it not create a litigation in future.pls advice.

Jebaraj Jasper Jacob (Advocate) 03 September 2010

If ncle refuses fro amicable settlement, then it is better to approach the court of law for partition of the property by metes and bounds, otherwise some persons may purchase it by saying that it is a disputed property for much lower price. so it is better to approach court.

P.K.Haridasan (Advocate) 03 September 2010

F ile a suit for partition. It is a lengthy procedure.will take time. Nobody can deny the share of your father

subrata (civil judge junior devision) 05 September 2010

no need to ask for mutual partition or in court .simply you can sell your share in ajoint family propeerty.Because sell of undevided interst is always valid but up to the bonafide share. any further asssistence with case law pls ask .

ASHOK (ASSISTANT) 27 September 2013

Sir, my grand mother was died and she has some land and she has 5 sons. My elder uncle took my other two uncles share by giving some amount to them in written document but the total property was not made partition between the 5 sons. at that time my father was in hospital so my uncles told to my elder uncle take our shares and give some to my father also but it was not written in document but my elder uncle refused to give to my father and now he is telling they sold to me. But still now the partition of the property was not done and registered.So please advice me how i proceed to get that share. and one more thing is my elder uncle begin construction in that site also with out partition of the property. please advice me in this matter.

LAND IS 250 sq.yds. total 5 sons each one get 50 sq yds. my father is second one. third and fourth uncles sold to my elder uncle on oral condition of taking the 100 sq yds both my elder uncle and my father remaining 50 sq yds to fifth uncle. but noe my elder uncle refused to give that to my father.

thanking you sir