• Agricultural land

I have two question in regard to inherited agricultural land. 

1. I have inherited some agricultural land but its in the name of my brother and myself. If I want to sell how can I do so specially if my brother does not want to sell, nor divide the land into two part, so that I can sell my portion of the land inherited.

2. If certain section of my agricultural land is being taken over by some other person who is farming on my land, how can I sell that section of the land without evicting that person. And if I have to evict him what will be the procedure and time period. Land in village area.
Asked 1 year ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu
1) you can sell your undivided share in land 

2) under section 44 of transfer of property act any co owner can sell his share of the property . purchaser steps into the shoes of the seller . 

3) in the alternative file suit for partition for division of the land 

4) you can sell your land on as is where is basis .

5) if you want to evict him file suit for partition  
Ajay Sethi
Advocate, Mumbai
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section 44 says -
Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.
Ajay Sethi
Advocate, Mumbai
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Hello,
1) If your brother is opposed to the sale of the inherited land and you want to sell your share you will have to file a suit for partition of the land by metes and bounds and once the division takes place you will be free to sell.

2) You can sell that portion of the land encroached if the buyer is agreeable to buy with that encumbrance.If you have to evict the encroacher you need to first issue a legal notice and file a suit for eviction.The case can take years to be disposed of.
S J Mathew
Advocate, Mumbai
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1. If you have jointly inherited an agricultural land with your brother, you can either get the land partitioned by filing a partition suit and then can sell your partitioned land or you can also sell your unpartitioned land and in that case the buyer shall have to file the partition suit against your brother,

2. Either you file a suit against that person for illegally taking over your ortion of land then sell your share of the land or sale your share of the land at a lower price and in that case the buyer shall have to file a suit against that person against his taking illegal possession of the portion of the land he has purchased from you.
Krishna Kishore Ganguly
Advocate, Kolkata
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Hi, you have to file  suit for partition for your share in the property and court will allow  your suit and it has to divided as per law thereafter you can sell your share in the property.

2. As far as tenant is concerned they don't have ownership of the property so you can sell the land and subsequent purchaser can take the possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1. If you wish to sell an inherited agricultural land which is undivided then it is required to be partition. The physical partition of the land has to precede its sale. If there is an agreement between you and your brother to partition the land then the division can be carried out amicably through execution of a partition deed, but if there is no meeting of minds then you have to file a lawsuit for partition in the court to cull out your share in the land. Once the court orders division you can sell your share.

2. If somebody usurps your land then you will have to file a lawsuit for his eviction. Unless the land is in your possession you will not get a good price.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. I have inherited some agricultural land but its in the name of my brother and myself. If I want to sell how can I do so specially if my brother does not want to sell, nor divide the land into two part, so that I can sell my portion of the land inherited.
If you can find a buyer to buy your undivided share in the property and shall agree to acquire them by partition and physical possession thereon, you may sell it even without taking your brother's permission or consent.


2. If certain section of my agricultural land is being taken over by some other person who is farming on my land, how can I sell that section of the land without evicting that person. And if I have to evict him what will be the procedure and time period. Land in village area.

If it has been let out on lease you may terminate the lease by following the procedures meant for it i.e., file a partition suit and after obtaining your share, issue notice to the person occupying the land for agricultural purpose demanding him to vacate or can sell this to the buyer on asis where is basis too. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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