Upgrad LLM

partition of land & karta


 

I am an NRI living in the USA and have issues with joint family property. 
One of the coparceners refuses to engage in any constructive conversation with the
rest of the family and is  blocking all our attempts to sell off our inherited agricultural land. 
The rest of the family is united and there is good cohesion. 

I am the Karta and it seems to me that I should be able to develop and sell off the land
without power of attorney from the blocking coparcener and divide the proceeds of the 
sale per HUF law, to all the coparceners including the one blocking. Am I right? 
 
Reply   
 
Advocate

Dear Shirish,

A karta can alienate the property only for legal necessity. Development of property is not a legal necessity and the court will not accept this ground to provide you with relief. File for  a suit for partition , so that the matter gets resolved through court . Law permits you to develop,maintain and use the property , but does not permit sale without the consent of the coparcenor. 

Pl go for ADR mesures to avoid protracted legal proceedings.

 
Reply   
 



Hello Advocate Vishnu,

Thanks, this information is very useful. I will proceed with suit for partition.

But what exactly is  "ADR measures"?

 
Reply   
 
Advocate

Dear shirish,

ADR - refers to Alternate Dispure Resolution -- Mediation/Negotiation to arrive at a legally bindling settlement.

 
Reply   
 

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