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.
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
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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.
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
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.
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.
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.
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.
Thanks a lot for your advice. My co-owner agreed orally to precede agriculture activity and he also mention he'll give part of investment amount. Since his past reputation is not good and investment needed to bring land cultivable is high, I want to make it proper and legal. In case co-owner avoiding partitioning and I also accept (avoid prolonged litigation) and want to do cultivations jointly. Can you advise me other options available and the legal steps that I needed to follow? . 1. Legal Limited partnership creation (myself as major holder/partner having decisions authority ) 2. LLP 3. Splitting as stocks (not sure ) 4.... 5... Limitation: Should be cost effective and Major holder should have to decision making power to avoid midway stopping the initiative.
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 . .
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.
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.