• Land partition

Sir. My grandfather is having 1acre of land on a town.Till now the land is on his name only .He has 3 sons and 4 daughters.he died 45 year back .On general agreement sons got that land while daughter's got other properties.the elder son was dead and he has 2 sons and my father,uncle are there.so usually there are primarily 3 main partners and my father registered 5000 sq ft of land from the land which he got as a share.the other part belongs to my brother's.where the problem arises is too many partners for the land they are telling that they are unable to divide land.that land is not divided physically till now just mentioning the area of land on papers.is there any provision in law so that i can get my land from them ,can i ask court to show me solution please guide me how to proceed as that land is very important for me
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1)file suit for partition for division of land by metes and bounds

2) also seek injunction restraining sale of land pending hearing and final disposal of suit

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
97031 Answers
7836 Consultations

before filing suit for partition issue legal notice to other legal heirs for division of land

2) if they refuse to agree for division of properties suit for partition is the only option

Ajay Sethi
Advocate, Mumbai
97031 Answers
7836 Consultations

1) please note suit for partition would take around 15 years to be disposed of

2) hence amicable settlement is the best option

Ajay Sethi
Advocate, Mumbai
97031 Answers
7836 Consultations

You can file a partition suit and seek separate possession of your share in the property.

Though partition has taken place on papers, the physical partition has not taken place hence he court's interference would solve the problem.

T Kalaiselvan
Advocate, Vellore
87233 Answers
2342 Consultations

Can i get my land through court

Yes, you can file a parition suit and seek partition and separate possession, let the court decide about the feasibility of partition.

T Kalaiselvan
Advocate, Vellore
87233 Answers
2342 Consultations

Please help me in what way i have to proceed

You can consult an advocate in the local, discuss with him at length on the subject issue, you may proceed as per his advise or if you have doubt, you may take a second opinion from a different lawyer and decide the next course.

T Kalaiselvan
Advocate, Vellore
87233 Answers
2342 Consultations

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