1) If the land was already "converted into alienated land" (meaning it was converted from agricultural to non-agricultural/commercial use) for the hospital, the children now own it as tenants in common.

2) you and your siblings have ownership rights, you cannot automatically use it "as they please" if the land is strictly zoned for a hospital. If the land is still categorized as agricultural or has a conditional conversion (e.g., "for hospital use only"), they may need to apply for a change of land use (CLU) to convert it for residential or other commercial purposes

3) Any of the four siblings can request a partition to divide the property into four separate, individually owned parcels. 

Once probate of the will is granted (under the Indian Succession Act, 1925), the property vests in the beneficiaries exactly as per the will.

If the will gives the land equally to the four children, then they become co-owners (joint owners).

Each has an undivided 1/4 share. No one can claim a specific physical portion unless there is a registered partition deed, or a court decree of partition.

Under the Transfer of Property Act, 1882 a  co-owner can transfer or deal with his/her undivided share but he or she cannot exclusively use or construct on a specific portion without consent of others unless partitioned.

Therefore, they cannot independently use specific portions as they please unless unless all four agree, or the land is partitioned legally.

They can, however execute a registered partition deed, and then each will get absolute ownership of their portion.

Yes they can take up the individual ownership and decide about the same

Dear Sir,

It is a complicated question

Whether children can take individual ownership and use it as they please?

 Legal Position After Probate

Once probate of the Will is granted, the Will becomes legally enforceable. The property vests in the beneficiaries as per the Will.

If the Will states that the land is given equally to four children, then:

• They become co-owners / joint owners

• Each has an undivided 1/4th share

• Until partition, no one has a defined physical portion

Under:

• Indian Succession Act, 1925

• Transfer of Property Act, 1882

A co-owner:

• Can enjoy entire property jointly

• Cannot exclusively claim a specific portion without partition

• Can transfer his/her undivided share

Can they become individual owners?

Yes — by:

1. Registered Partition Deed, OR

2. Family Settlement, OR

3. Filing a Partition Suit

After partition, each becomes absolute owner of his/her demarcated portion and can use it subject to land-use laws.

If only three want to build hospital, can they do so?

This depends on two factors:

A. Is there any condition in the Conversion Order?

When agricultural land is converted (alienated) for non-agricultural use under:

• Karnataka Land Revenue Act, 1964 – Section 95

The Deputy Commissioner grants conversion for a specific purpose (e.g., hospital, residential, commercial).

 If conversion order clearly states:

“Land converted for construction of hospital only”

Then:

• Use must comply with that purpose

• Violation may attract penalty or cancellation proceedings

However —

If the conversion was general non-agricultural (NA) commercial/residential without strict condition, then land can be used for other permissible NA purposes.

1. If the said Will is already probated , then the beneficiary can use the same as per their needs.

2. They can enter into a registered Partition Deed , and can apply for getting permission from the competent authority /collector after getting mutation in their respective names. 

3. After Partition deed they can built on their respective share. 

the Pauti Khata (mutation of deceased owner to legal heirs) is considered a necessary first step before executing a registered Partition Deed. 

The partition of property effected either amicably on mutually agreed terms or through court order is advised as the first step and the mutation of revenue records can be processed subsequently.

Yes it can 

Dear client

Land was changed from agricultural use to non-agricultural use according to Karnataka land revenue act, 1964. The purpose of how this land can be used will depend upon what conditions are listed in the conversion (alienation) order given by the revenue authority.

The land was left in equal shares to four children therefore they all are joint owners and therefore, none of the four children can claim a specific piece of land unless there is a legal division of the property as to how the property is divided. In order for the four children to be able to independently own a piece of land, they will have to create a registered partition deed. Once the property is partitioned, they will all own the same amount of property, on an individual basis, and they can use the property according to law and restrictions of local zoning laws.

If three of the siblings want to build a hospital, they can only build it on their individual pieces of property once they have partitioned their property and they can’t force the fourth sibling to use her property for that same purpose. The conversion (alienation) order may contain restrictions specifically allowing them to use the property for a hospital and if it does, they may have to get permission to change the use of the property.

To eliminate issues in the future, it is advisable to first transfer the property to all four names (create a Pauti Khata in the names of all 4 children) and then execute the partition deed before continuing with the process of creating a registered partition deed.

if you have any queries please feel free to contact us.

- Partition deed first

Your query concerns the legal consequences of alienation of agricultural land for a specified institutional purpose and the rights of legal heirs after succession through probate. The issue must be examined from the perspective of revenue law, land conversion conditions, and co-ownership principles.

Background Legal Position

When agricultural land is converted or alienated for a specific non-agricultural purpose such as establishment of a hospital, the permission granted by the competent authority is normally conditional. The land ceases to remain agricultural, but its permitted usage continues to be governed by the terms of conversion.

Therefore, ownership rights and land-use rights must be clearly distinguished.

Ownership may freely devolve upon legal heirs, whereas land use continues to remain regulated by the conversion order issued by the revenue authority.

1. Whether the Children Can Take Individual Ownership and Use the Property Freely

The children can certainly obtain individual ownership, but they cannot automatically use the land for any purpose of their choice.

After probate of the will, all four siblings presently hold the property as co-owners with undivided shares. Exclusive enjoyment becomes legally possible only after partition.

Even after partition, the manner in which the land may be used depends upon:

• Conditions mentioned in the alienation or conversion order, and

• Applicable land revenue and planning laws.

If the land was converted specifically for hospital or institutional purposes, residential or commercial utilization may require fresh permission or change of land use approval from the competent authority.

Thus, ownership is divisible, but land use remains regulated.

2. If Only Three Siblings Wish to Construct a Hospital

Yes, this is legally permissible, but only after proper legal structuring.

Since the property is jointly owned, no co-owner can exclusively develop or utilize any specific portion without consent of the others unless partition takes place.

The legally safe options are:

• Execution of a registered partition deed allocating defined portions to each sibling; or

• A mutually agreed development arrangement allocating the hospital project area.

Once partition is effected and demarcation completed, the consenting siblings may construct the hospital on their allotted share subject to compliance with conversion conditions.

Construction on undivided joint land without partition may expose the project to objection from the non-consenting co-owner.

3. Rules Governing Alienated Land

Although terminology varies between States, the governing principles are generally as follows:

• Converted land must ordinarily be used for the purpose mentioned in the conversion permission.

• Change of land use requires approval from the competent revenue or planning authority.

• Non-utilization for the declared institutional purpose within prescribed time may attract penalties or requirement of fresh approval.

• Legal heirs inherit ownership subject to the original conditions of conversion.

If the proposed hospital was never constructed, the heirs may apply before the competent authority for modification or change of land use. This is an administrative revenue process and not a civil title dispute.

4. Whether Partition Deed Can Be Executed Before Pauti Khata

Technically, ownership flows from probate and succession, not from mutation entries. Mutation does not create title; it merely records it for revenue purposes.

However, from a practical and legally secure standpoint, Pauti Khata should be completed first.

Revenue authorities and registration offices generally insist upon updated mutation entries showing the present owners before permitting subdivision or recognizing partition.

The recommended procedural sequence is:

1. Probate of will

2. Entry of heirs through Pauti Khata (mutation)

3. Survey and subdivision if required

4. Execution and registration of Partition Deed

5. Separate khata entries in individual names

Executing partition prior to mutation often creates avoidable procedural complications later.

Conclusion

The legal heirs are fully entitled to partition the alienated land and obtain individual ownership. However, utilization of the land continues to remain subject to the original conversion conditions unless modified by competent authority. Completion of Pauti Khata mutation before execution of partition deed is the safest and most dispute-free legal course.