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How can property division be done if uncle is not willing for division


05-Aug-2023 (In Property Law)
My mother has a farm land in our home town and the land is shared between our uncle, now we would like sell the property and in order to divide the property into two equal half, the land needs to be survyed for which we need signature/authorization as per the surveyor. We gave the application for land to survyed n uncle agreed at that time. Mom returned to bangalore n now uncle denys to sign the application. The survyor is unable to survey the landland n get the equal half under my morther's name. How do I proceed with this situation?
Answers (2)

Answer #1
687 votes
Your mother has to file a partition suit against your uncle in the jurisdictional civil court. Court sends notice to your uncle and he may not have any reason to oppose in court. I believe your mother`s name is in RTC.
Answer #2
646 votes
Issue a legal notice to your uncle through an advocate in your mother's name by stating her legal right and the hurdle caused by your uncle to claim the same. After issuance of legal notice if your uncle denies the same means then you can file a suit before civil court for partition again by making your mother as first party against your uncle. If your mother is unable to contest than you can take GPA in her name to represent the case. Consult any advocate.

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