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How to legally divide ancestral agricultural land which has pod due?


21-Apr-2023 (In Family Law)
My father has an agricultural land which is in his name but this agricultural land is pending for pod(I dont know what is pod called in english , pod is what they generally call in kannada ,but what i understand is the survey needs to be done by govt ) . Till this Pod is done by the govt, the property which is currenly in my fathers name( ancestral) cannot be transfered/registered to his children. Such being the case and since the pod by govt could take a couple of years or more, how can my father legally divide his ancestral property in the interim before govt does the pod fo this land. These property is with my father for more than 20 years. I heard that since this being an ancestral property, a will cannot be registered. Can you please suggest a way out.
Answers (4)

Answer #1
848 votes
It is called as podi - division - you can make a request to the Tahasildar and see if it can be done - if not your father can make a gift deed to each one of his legal heirs and they can get the podi done and obtain RTC later

--- Advocate C V Srinivasa

Answer #2
809 votes
Your agricultural land is pending for pod which is partition and measurement by survey which done by revenue survey department. Till this Pod is done , the property cannot be transfered/registered . The pod by govt could take a couple of years or more, you are right in that this being an ancestral property, a will cannot be registered. what is the way out.?

If no one here tells you the way out, i will get the only possible task done for you for Rs. 15,000/- . it will not be registered, but only way out.
Answer #3
869 votes
Phodi is the term either of Marati language or Urdu language. It means showing division of extent in the survey records. Such kind of division is made to collect the proper revenue from the person, who holds certain extent of the land. Phodi is not required to have partition of the property. Thereafter division would be effected according to partition. Good Luck.
Answer #4
984 votes
Since the property is ancestral then it may be on your father's name and the revenue records viz., RTC/ PAHANI, and Mutation order copy (MR),based on the documents, you can amicably make partition of all the properties thereafter register the same.and give their shares as per the partition deed

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