Division of property (land) bought together with siblings
My father had bought piece of agriculture land with his two younger brothers in his ancestral village. The purchase was done in year 1997. All three of them have equal share (1/3) in this piece of land.
We live in New Delhi and we never had any direct control over this piece of land. It was all in good faith. My father is now old and we do not want to keep this land. He wishes to sell it and use the proceeds for something else.
My father is asking them to either a) sell the land or b) buy his share or c) divide the land so that we can independently sell our share.
But his brothers are not willing to do anything. We have got copy of Mutation Record and Jamabandi with us. These documents have my fathers name also as one of the joint holders in this property.
My question is, if we approach the courts for division of land so that we get our part,
a) Is this possible ?
b) What procedure needs to be followed in this case?
c) How much time legal process can take in such matters?
d) God forbid, something happens to my father, what precautions should we take now so that his brothers can't deny my mother my father's share?
Thanks in advance.
Asked 4 years ago in Property Law from New Delhi, Delhi
A. Yes division of land is possible
B. You need to file for "Hissabandi" in the SDM court or Tehsil (what ever applicable) . Once done the mutation record (farad) will mention the total area of the land divided into three for eg if the three brothers have 100 bighas of land 33.33 bigha each will be mentioned on farad, along with the exact portion details .
C This process would take anywhere between 2 to 4 months subject to your uncles do not create any issue.
D. You father should write a will declaring the nominee's for the assets he owns. However as the land revenue docs already have your fathers name, no one can hinder you for your right on the share in land.
1) since your father has 1/3rd share in land on his demise his 1/3rd share will devolve on his wife and children . your father can execute a will bequeathing his 1/3rd share to whom so ever he desires. the will should be executed in presence of 2 witnesses .
2)since your father brothers are refusing to purchase his 1/3rd share or divide the land equally or agree for sale your father will have to move court for partition of land .
3) the time taken for legal process would depend upon pendency of cases in court wherein legal proceedings are filed by your father
Your father can file suit for partition as he has 1/3 share in the land which he can bequeath to whom so ever he wishes by executing his Will failing which his 1/3 share would be devolve to his Lrs i.e his wife and children.
Advocate, New Delhi
Your father can file partition suit and allotment of seprate share to all the joint owners.Further if any third party want to purchase the undivided share of your father, the undivided share also can be sold legally to third party.If his brothers want to purchase the share they can purchase the same by paying open market rate.If the partition suit filed it may take much time, better to sell the same undivided share to third parties.
a. yes, it is possible.
b.your father will have to file partition suit in civil court to get his share in said land as per orders of court.
c. it may take 2 - 3 years but all depends on backlog of cases of concerned court.
d. ur father can execute registered will of his 1/3 share to his wife and / or children as per his wish.
Advocate, New Delhi
1. Since your father has an indefeasible share in the land he will be able to cull out his share by moving to court for partition. As the owner of 1/3rd share your father may also will or gift it to any one he so desires.
2. In order to cull out his share in the land your father will have to move to court and file a case for division of property.
3. It may take up to a year for the court to order division, but this is subject to the pendency of cases in the concerned court.
4. After the life time of your father his share will vest in his children and widow in equal terms. If the brothers of your father make any attempt to sell the share of your father, during or after his life time, he or you may move to court and seek a stay on the creation of third party rights.
In the circumstances the course open to your father is to file a suit for partition of the joint property If there is no dispute regarding joint ownership of the property, the suit may be decreed on admission within short period God forbids if any thing happens to your father during the pendency of the suit, you along with other LRs will be substituted in his place by moving an application to the court In case no suit is filed during the life of your father, you along with other LRs have a right to 1/3 share in the property which can be claimed again through a suit of partition.
Advocate, New Delhi
1. It is not only possible, it is the only option left before you under the stated circumstances,
2. Let your father file a partition suit claiming his share of the property,
3. It may take 2 to 3 years if contested by your father's brothers,
4. No precaution is required now. In case of your father's demise, god forbid, all his legal heirs shall have to step in to his shoes by furnishing an application enclosing his death certificate.
Your father can file a suit of partition thereby claiming 1/3rd share. The time taken for the entire proceeding depends on the pendency of cases. Further, as you mentioned that your father is not keeping good health, so we suggest you to ask your father to execute a Will in presence of two witnesses and thereby dispose the property to whoever he desires
Advocate, New Delhi
yes your father can claim his share by filing a partition suit for the same it may take years to complete you father can will his share to his wife or children or to any he wants