• Co-owned property separation rights

I have co-owned farming land in tamilnadu. In the total land 4.75 acr , My part is 4Acr and co-owner has 75 cents . Co-owner not interested on selling at the moment and not showing interest on cultivation.  The total land not used for farming and become  waste land .  what are the ways we can make it usable.

is there a legal way to separation evan co-owner not willing ?.
is there legal way co-cultivation and major share holder take decision ?

Thanks
Prem
Asked 11 months ago in Property Law from Erode, Tamil Nadu
Religion: Hindu
1. You can file a partition suit by demarcating the land if he refuses to execute a partition deed,

2. You can also offer him to buy his share,

3. Once the land is demarcated, you can act on your land the way you wish legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) you can file suit for partition for division of land by metes and bounds 

2)you can use your share of land for cultivation 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Hello,
1) If the co owner is not willing to sell and not interested in farming you can file a suit for partition of the land by demarcating the boundary by metes and bounds and then you will be able to do whatever you wish on the land.

2) Send him a legal notice first asking him to be ready to execute a division and if he does not comply go ahead with a suit for partition.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, you can file a suit for partition and take your share in the property and later you can sell the property according to your wishes.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If you wish to sell your share or make it separate from the share of the co-owner then you are free to file a suit for partition against the co-owner whereupon the court can order the division of the land. You cannot compel him through the court to cultivate his share.
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
5.0 on 5.0
 The total land not used for farming and become  waste land .  what are the ways we can make it usable.
If your co-owner is not showing any interest in selling or cultivation or not even cooperating with you for any desired activity in this regard, you may ask him to come down for an amicable partition of the property according to their own proportionate entitlement. 
If he is not agreeing for this, you may decide to file a partition suit by first issuing him a legal notice asking him to cooperate for mutual and amicable partition at a a time and place mutually agreed between both(this would be last step taken to avoid prolonged litigation in the form of partition suit).
If there is no response or proper response for the legal notice you may decide about proceeding with the matter legally through a court of law. 



is there a legal way to separation evan co-owner not willing ?
Yes, by a partition suit through a court of law. 



is there legal way co-cultivation and major share holder take decision ?
If one of the owner decides to cultivate the barren land, he may take the consent of the other co-owner and proceed or else court of law is the only place where such disputes can be settled. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1) you need not file partition suit but can enter into deed of partition for division of land if co owner is agreeable 

2) if you want to do do cultivation jointly terms can be reduced in writing wherein both parties agree than X amount would be invested for farming purposes . 

3)ratio for division of profits should be agreed upon . 

4) it should be mentioned that in event of disputes wold be referred to sole arbitrator to be appointed by consent of parties . . 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
If you would like to enter into an agreement with the co-owner with regard to investment and other issues involving cultivation  on the basis of limited liability partnership, you can draft an agreement as per "LLP AGREEMENT" format
(As per Section 23(4) of LLP Act, 2008);
You can make the mutually agreed clauses properly incorporated in it.
Get the agreement registered to have more legal validity. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. For cultivating a piece of land of 4.75 Acres, you won't have to form a firm or company,

2. Just execute and register an agreement for cultivation specifying the investment and profit sharing ratio apart from duties and responsibilities of individual share holders of the land,

3. There should a clear agreement detailing all the aspects of investment and the cultivation work against profit sharing.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
LLP is not the answer. A simple agreement can be executed to cultivate the land to increase its productivity without partitioning it. 
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0