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How to proceed with mutation and partition of property
01-Jun-2023 (In Property Law)
Hi, I purchased a house in Gulbarga wherein my parents along with 2 of my brothers were staying. My parents passed away 3 years back. I am requesting my brothers to vacate the house. They have not been vacating the house The house is in my name. We have ancestral lands and also a plot in Biddapur Colony. They are asking me to give up my share of agri land (5 acres). I did not agree for that, But agreed to give up my share in the Biddapur colony. Now they are saying they will vacate the house only after Mutation of the plot. But have been delaying that also saying the Mutation has been stalled in the office and they don't know when the mutation will happen. Also, they say the agricultural land mutation will be done after 1 year and I will get my share of it only after 1 more year. Please let me know how should I go about it. Also let me know the process to be followed for me to get my house vacated and get my share of agri land in the village. How long does it take & cost Thanks,
If the said house is purchased by your hard earned money means consult any advocate and issue legal notice to your brothers by asking them to vacate the house immediately if they don't vacate means you can file a suit for eviction before jurisdictional court at your place. Regarding family's ancestral property you have equal right in the property with your brothers and you don't have to give up your right instead you have equal right and you can claim for the same before court if your brother deny your right.
Helpful?
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27+
Adv. Rajesh K.S
Bangalore | 500+ Answers
Chat
Sir
In your problem you have mentioned that you are the owner of the house. You can evict these person any time. Because. These person are in your self acquired property. So you can filed a suit against them.
Another thing is that they cant insist you to leave a portion of your share in the ancestral lands. It may be your share. On your share they don't have any right even they cant insist your leave your share.
Here you can file a case against them for injunction and also can file a criminal case for blackmailing you to leave the share.
Leaving or not leaving the share is left to your will. But they cant insist you to leave the share.
Please Proceed
In your problem you have mentioned that you are the owner of the house. You can evict these person any time. Because. These person are in your self acquired property. So you can filed a suit against them.
Another thing is that they cant insist you to leave a portion of your share in the ancestral lands. It may be your share. On your share they don't have any right even they cant insist your leave your share.
Here you can file a case against them for injunction and also can file a criminal case for blackmailing you to leave the share.
Leaving or not leaving the share is left to your will. But they cant insist you to leave the share.
Please Proceed
Helpful?
45+
45+
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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