suresh (software engineer) 04 June 2011

partition by metes and bounds

X purchased 10 acres of agricultural land
X died intestate and the legal heirs (wife, 1 major son, 1 major daughter) inherited this 10 acres of agricultural land

Three heirs made "oral partition" and started enjoying their shares seperately (3.33 acres each). In few months, they have also made the oral partition into written form - "memorandum of partition"
Now one of the heir is trying to sell his share of land (3.33 acres)

My laywer is saying this:
- oral partition / memorandum of partition does not partition the property by metes and bounds
- purchase should be made only after the property is partitioned by metes and bounds - to avoid any future issues
- partition can be made by metes and bounds in 2 ways - registered partition deed / court partition decree

My lawyer is suggesting - Not to purchase this land (3.33 acres) until the partition of the property is done among the heirs by metes and bounds (via registered partition deed / via court partition decree)

Any suggestion / input would be valuable

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2 Replies

Gundlapallis (Advocate) 04 June 2011

You can buy the land and make the other two heirs as witness to the document and further you can also obtain No objection to the co-heirs selling of his land in respect of its metes and bounds as an endorsement in the sale deed itself.

m.kupparaju (Advocate) 26 July 2011

Dear Suresh,

As you have mentioned X purchased 10 Acres agricultural land and died intestate. After his death his first degree legal heirs i.e., his wife, son and daughter will become absolute joint owners of the property with equal share through succession. Your advcoate has given very good suggestion that until registered partition deed is not made between them, dont purchase the property, becuase it is in joint possession with equal shares. After the registered partition deed you will have an open option to purchase the agricultural land from any of the heirs as per choice. If you are intended to purchase the whole property then you can purchase from them jointly. Best of luck.