Partition is permissible.
Can an applicant plea to divide ancestral land that is less than 2 acres?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Section 34 of OCH &PFL provides
34. Prevention of fragmentation - (1) No agricultural 1and in the locality shal1 be transferred or partitioned so as to create a fragment.
2)
(m) "fragment" means a compact parcel of agricultural land held by a land-owner by himself or jointly with others comprising an area which is less than -
(i) one acre in the district of Cuttack, Puri, Balasore and Ganjam and in the Anandpur subdivision in the district of Keonjhar, and
(ii) two acres in the other areas of the State;
3) in your case since land is more than 2 acres or can be partitioned
I was told that The Orissa Government Land Settlement Rules, 1983 debars partitioning of such land (which is less than 2 Acres) among the claimants. I seek legal advice regarding the authenticity of this provision.
Dear Client,
The Indian Succession Act, 1925, allows the division of ancestral land regardless of the size of the land, as long as all the heirs agree to the division. Further the land must be capable of being divided into economically viable.
Steps to follow.
Orissa govt land settlement rules is only for settlement of govt land .could not find any provision mentioned by you in said rules
If it is ancestral property, then all the shareholders have to agree for the proposed division or partition.
If there is no cooperation among the shareholders, then the aggrieved person can approach court for the relief.
The land can be partitioned among the shareholders.
As per Orissa Consolidation Of Holdings And Prevention Of Fragmentation Of Land Act, 1972 ,Section 34 of the Act provides for prevention of fragmentation of consolidable land by way of transfer or partition so as to create a fragment. It is apt to note the relevant portion of the Section 34. Under Sub-section (1), no agricultural land in a locality shall be transferred or partitioned so as to create a fragment.
fragment" means a compact parcel of agricultural land held by a land-owner by himself or jointly with others comprising an area which is less than:
(i) one acre in the district of Cuttack, Puri, Balasore and Ganjam and in the Anandpur subdivision in the district of Keonjhar, and
(ii) Two acres in the other areas of the State;
This being the definition of fragment, as this case relates to the district of Puri, any compact portion of agricultural land, which is less than one acre is considered to be a fragment.