• How can we partition the property common between my father and his two younger brothers

My father has equal share in a common agricultural property with his two younger brothers. When asked to partition the land, they offered my father bits and pieces of land and portions which are farther from the road. My father is not satisfied with their offering. Hence I would like to know if there is any provision where the court or legal entity decides on partitioning and allotment of the land to each one of them. I would also like to know if there is a provision for legal intervention, what is the procedure that is followed to allot the land to each one of them.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Client,

Issue can be solved by filling partition suit. Court will order partition by metes and bound i.e.equal distribution between co owners acc. to value of land.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

your father can file suit for partition for division of land by metes and bounds 

 

2)seek an injunction restraining sale of property by his brothers 

 

3) court would pass preliminary decree of partition appoint commissioner for division of land by metes and bounds 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Your father is entitled to equal share of equal value that is each co-owner gets equal of best and worst of property. Father can files partition suit before the jurisdictional court and can claim partition . The court shall partition land equally by meats and bounds.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Your father shall have to file a partition suit praying for partition of the said land through Court intervention.

 

2. The Court will finally appont Court Commissioner for partitioning the said property equally between all the legal heirs.

 

3. All will get share of the land of  same market value.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

File a suit for partition, Your father has also equal share along with his 2 brothers.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your father can file a partition suit for the same. The court will pass necessary orders

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1) If its ancestral property than you can have partition as per  Indian Succession Act.

 

2) If your father is not satisfied with the partition than he can file case in the court for partition and court will distribute property equally according to law.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Sir,

You can ask your father to file partition suit and a settlement may be made if possible, if not a court commissioner will be appointed by the court under Order 26 of CPC and he will inspect the spot and file report.  Thus the expert court commissioner normally a Taluka Surveyor file such report which is feasible to each sharer.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Your father should not accept the allotment made to him by his siblings.

He can file a partition suit to divide the property equally by metes and bounds and good and bad soil

The court will decide after hearing both the sides.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Since your father is a co-owner of the property he may file a suit for partition in the competent civil court to cull out his share therein. The civil court will order the division of property by appointing a court commissioner.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. File Civil suit, and seek court's directions to survey property and conduct partition proceedings, which would be bound to all concerned.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello

        Kindly file a partition suit and the revenue court shall divide the property as per the law. regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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