In view of small piece of land (say 1 acre) which is in mother's name and that is to be equally shared to 4 brothers and 3 sisters which is practically not feasible as 14 cent land cannot be reasonably utilized for agriculture by 7 partitions. Is there any alternative options If a mother died intestate and daughters claiming for share what could be the options for compensation. Daughters are well off whereas sons are fully depending on the same piece of land for their day to day livelihoods. But sons are ready to give compensation. Two daughters have filed case in court not and ready for any other compensation. Can we seek your advice on the matter. There is a well in the same land where there will be more complications on distribution of water for agriculture. We hope there could be a possibility of another compensation in view of the livelihood of the sons. Please help us if any alternative way.
The best way is that to sit down and discuss the problem and decide amicably as the small piece of land will be of no use to any one. Payment of competition is one way out and the property may be transferred to the brothers by way of family deed and that deed may be allowed by the registrar in favour of the deed holder by witness of all other.
This may be done without payment of any stamp duty.
1)if partition of land cannot be done by metes and bounds court can direct sale of land and sale proceeds distributed equally among legal heirs
1. If the daughters are claiming their share then the other heirs can buy out their share, failing which the court will order the division of land through metes and bounds.
2. The only way to stop partition is by buying out the share of daughters.
1. If the daughters are claiming their share then the other heirs can buy out their share, failing which the court will order the division of land through metes and bounds.
2. The only way to stop partition is by buying out the share of daughters.
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The daughters can withdraw from/give-up their respective shares, in lieu of a reasonable compensation from the brothers.
This could done under a family agreement.
1. The land of the mother will be equally divided between all her legal heirs without taking in to account whether the divided land will stay cultivatable or not by the individuals.
2. It is up to the share holders to decide whether they will go for collective farming and share the yield or not and Court will not decide on this matter.
3. There is no provision in law for giving compensations to the women in their mother's property who died intestate but as per the Hindu Succession Act, daughters will get equal share of their parents properties after their demise, intestate.
4. You shall have to negotiate personally and individually with your said sisters for buying their partitioned portion of the land to increase your total land holding for effective cultivation.
Hi, the daughters can only demand thier share in the above said land by filing a suit for partition .. The court can grant only share in the land , if she wants compensation in monetary terms , she can settle it outside with brothers
Seek refer the pending case before the mediation and conciliation or Lok adalat, the court will send the case before the mediation to settle the issue amicably. There you can make a suggestion or offer to pay the market value price to the female coparceners shares to give no objection to change the title to their brothers name. If the case is settled there on compromise, it will be treated as a valid decree.
Dear Client,
Small piece of land not possible to partitioned as will bear no benefits and possible through sale and sale consideration can vbe distribute equally,
And without sale, brother can give same amount, will amounts to partition.
Since the sisters have approached court seeking partition, if the partition is not possible then the court may pass an order to bring the property under auction and distribution of the sale consideration to all the parties to the suit
If the property not for dividable one amongst them may take it and others be shared amount realised of it
Hello,
Since the same is an agricultural land.
You may enter into a plan wherein the brother will share the earning with the sisters as per their ratio.
Usually, this type of arrangements only work in such situations.
Tell the court that you are ready to make such arrangement.
Regards
