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Ravi (Engineer)     05 September 2011

Undivided property - partition

Hello Sir,

I live in abroad with my wife and 1yr old son. In 2009 my father-in-law who lives in India advised me to buy 1 acre agricultural land  which is located just besides highway road at his village in Visakhapatnam. I sent him money to buy the property and got confirmed that the property has been registered. With trust, neither he sent the registration copies nor I doubted him. In 2011 when I went to India asked him to show the documents. Surprisingly I found that the purchased property is 2 acres combined land registered between his son and daughter i.e. my wife.
After realizing that it is undivided and unshare property, I asked him to divide and give my share. He refuses to do so and forcing me to take money. I inquired that the value of the property went up. My wife is ready gift deed her share to me.

I do not want to give up my rights on the land. Here are my questions.

1. Can I legally force him  to divide the property?.
2. Can he obstruct my wife from transfering to me?
3. Can I sell the property to third party for higher price without his involvement?.
4. Also, can I expect the share of the profits from crops he harvests?. 

With your expertise in legal system, please answer the above questions.



Learning

 2 Replies

jayant (legal)     06 September 2011

Legally speaking,

You didnot have any right to ask for partition. But you can file a criminal comalint for criminalk breach of trust against your inlaws.For this you need to evidence to prove that you had given him money to purchase this property on your name and not on the name of inlaws.

Ravi (Engineer)     06 September 2011

Thank you. My father-in-law is harvesting two crops per year and assuming all the profits out of the land. Can I legally claim the share of the profit?.  I do not want to accept money from him ; please let me know what other options are available to get out of this problem?.  


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