LawRato

Received a small portion of land in partition how to claim share


13-Jun-2023 (In Property Law)
 My Mother had a 900 sq yards land and we are 5 brothers.I asked them to sell the land as my financial condition is not good, they dragged it for 10 years to sell. My brothers tried to mislead my name and occupy me part. In 2012 we divided our parts into 5, until them the land is on the name of my mother. The 5 parts divided in such a way that i am not able to sell single part because it's very small part, width is very less. I want ask for Re-registration or give a complaint on my brothers. Can i do that ?
Answers (2)

Answer #1
743 votes
Hi
You can contest the partition by filing the suit for partition stating that the partition was effected under undue influence, coercion and fraud.
you should also ask for cancellation of partition deed as it was obtained under undue influence, coercion and fraud.
hope it helps.
Answer #2
502 votes
the details furnished by you are not sufficient to render legal advise.
Assuming that you all divided shares on oral basis, you can still seek partition by metes and bounds and if proper partitioning is not possible for any practical purposes, any co sharer will have the option to buy the shares of other co sharers and pay them. In the absence of above, We can seek auction of property through court and apportionment of shares based on inheritance laws applicable to you( not revealed in your query).
Even if partition is in writing, we can build ur case on facts shared by you.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."