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Mohan Patil (Research)     29 September 2010

My share

My name and my mothers name are bot there in the land records of 12 acres agricultural land. But which side is mine and which side is mother's is expired. My mother is no more. In addition to this there are also properties in my mothers name , father's name and brothers name. My father is expired. There are 6 legal heirs for my parents property. I don't want to divide the property now. I only want to decide which part of 12 acres is in my name and I want a separate land record. Is it possible to do through civil court. 



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 5 Replies

K.Sivasankaran (Lawyer)     29 September 2010

It is better you share equally among your brothers the 12 acres of land  instead of only having 50% of share of 12 acres in the interest  of justice and fairplay.

Mohan Patil (Research)     30 September 2010

My parents have given 7 acres to my brother. My parents have given 6 acres to me from this 12 acres land. Because I was a minor at that time they have kept that land with my mother. I want to separate only my share. My mother is not alive. My share and my brother's share will be there in the property that is in my mother's name. I don't want to divide the property that is in my mothers name. I only want separate my share with my mother. I hope I have cleared my problem. Is it possible? legally. 

K.Sivasankaran (Lawyer)     30 September 2010

Your share  in the property and your brother's property could be put together should be shared equally among six legal heirs. That is the right legal opinion.

Mohan Patil (Research)     30 September 2010

My brother has taken loan on his property. No body is interested to take the share of his loan.  He is interested to give share. But why I should give share of the property in my name which has no loan. Everybody will get share from the property which is in mother's name. But now I want to take my land separately. Without dividing the property in my mothers name. is it possible legally? 

K.Sivasankaran (Lawyer)     30 September 2010

Under mutual written agreement registered with all your brothers first share the property equally among all the brothers and  sell the property of the brother  who has taken the loan and hand over the balance amount to him so that he also is freed of the loan and have some amount for expenditure.   This is the right way 


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