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Advice regarding selling out property without consent of other owners.
15-Feb-2023 (In Property Law)
Good morning.I am Sakthi vinayagam from Tuticurin,southern district of tamilnadu. My Father has 6 brothers and they have 7 acres of Land Located in tuticurin. Among 7 brothers 3 has Separate Pathiram(document) and remaining 4 has Separate pathiram.But they have kootu pathiram(joint pathiram) and though we have separate patta It comes under Kootu patta(Joint patta) and if my father wants to sell his land he has to get signature from other brothers and some of them are not ready to sign. so the Land is not partitioned legally. My questions 1. Can we file a suit to Get Individual Parhiram and patta? And how long will it take to finish? 2.Is there any new Law in tamilnadu to Apply for Individual Parhiram and patta so that we can sell or do anything in our Land and not needed to get sign from rest of them?
If your father owns the property jointly along with some of his brothers by virtue of a document, and wishes to sell his share, then he has to file a partition suit. Once his share is determined by metes and bounds by partition, he cal apply for an individual 'patta'.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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There is no new rule for separate patta or document. However, you can file a suit for partition, and accordingly get your separate share. But a partition suit will take its own time. |||||||||||||||||
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