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Bharat (Engineer)     18 October 2012

Division of agricultural/non property

Current Situation:

Our ancestral property at a village which is to be shared among A,B,C,D,E. Few acres of the property has been converted to NA and some are still Agricultural lands.

One of the heirs (A, aged 60yrs) of this ancestral property is residing in the village and he's been looking after the property/doing agriculture in the property since he completed his schooling.

All these years he's enjoyed the produce out of the agricultural lands (B,C,D,E didnt even bother to take a single pie out of it, as all were united).

Now, due to some differences, B,C,D,E have decided to divide the property equally among all (5 people), for which A is not obliging, saying he needs major share than anyone else since he's been developing the said lands since his early days till date.

Contention from B,C,D,E is that, since it is an ancestral property, it needs to be divided among all the 5 people no matter whether A is living in the area for quite long time.

Due to this differences, they have decided to take the legal approach.

The question is: since it is an ancestral property, is has to be equally divided among the 5; isn't it? will there be any legal objections to this approach or will it be straightforward case?

Is there any clause that, since A has resided and developing/cultivating in the property for so long, he has to be the owner of that land (Tenancy Act sort of clause)?

Please advice on this scenario.

Many thanks.

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