Haritima (Software engineer) 24 June 2010
My grandfather had a land in his name. He had two sons - my father and my uncle. after my grand father's death automatically my father and my uncle's names are there in the land documents in tehsil office. Now my father wants to sell his share of land but my uncle is not ready. what is the solution. is there any law which states that if one party wants partition then court can order the same. Please guide me.
adv. rajeev ( rajoo ) (practicing advocate) 24 June 2010
Your father cannot sell the property unless there is partition by metes and bounds.
R.R. KRISHNAA (Legal Manager) 24 June 2010
Dear Haritima,
Even though your uncle objects for partition, your father has right to file a suit for partition and after getting his share, he can then sell the property.
Best regards.,
G. ARAVINTHAN (Legal Consultant / Solicitor) 24 June 2010
Haritima (Software engineer) 07 March 2011
Thanks for your advice. Please tell me that can my brother be made responsible for my father's property. my father is quite aged and i dont want him to deal with all these things. Can my brother's name be addded in place of my father in the land papers in tehsil. if that can be done then my brother can take back the rights. Also my uncle s claiming that he has paid the land tax all hese years and has maintained the land and my father has not shared that. but he never told us about that and is there any such tax or not. my father was in transferable job and so he could not pay attention. moreso my uncle never gave the original papers or a copy of those papers to us.please guide me. its urgent
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