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Distribution of land among hairs?


04-Feb-2023 (In Property Law)
My father in law's own father have 150 bigha of land which he divided have among his six son equally i.e 25 bigha each. The distribution of land is mutually & there is no documents apart from the original registration paper which is registered on my father is laws own fathers name i.e my father in law does not have any documents on his name. But now my father in law want to sell his part of land i.e 25 bigha. But all his brother is asking for 1 bigha land from my father in law & if he does not give 1 give land to each of his brother i.e total 5 bigha land out of 25 bigha they will not allow to sale his portion of land. What he should do now to sale his property. and how much money and time it will take to solve this problem
Answers (3)

Answer #1
961 votes
Your father in law may file a partition suit for claiming undivided share in the land and if the order is granted he can sell his share of land. On the contrary he may also sell undivided share in the land. However selling undivided share will yield lesser consideration than should be expected from the land. This is a preliminary opinion. Detailed opinion will be given if consulted with papers. Thank You. the time and money to resolve the problem is a matter which is subject to the remedy chosen and the way in which you may decide to proceed after proper consultation
Answer #2
595 votes
In absense of any specific document of division your father in law is just co owners of the said property left by his father alongwith all other brothers. If he wants to sell his undivided share of the property it is necessary to issue a notice for sell to his other co sharers.
Answer #3
710 votes
If your father in law's father divided total land among his sons including you father in law., then your father in law must have one portion of his share. Now it is to be seen whether you grand father in law had given land by virtue of regd. deed either gift deed or partition deed after the expiry of your grand father in law. If any regd . deed is there in the name of your father in law, then no one can claim his share. He has to apply before L.R office for mutating his name against his portion of share or he may file suit for mutating his name. His brothers do not have any right to claim over it/

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