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