division of property bought by siblings

My father had bought piece of agriculture land with his two younger brothers in his ancestral village. The purchase was done in year 1998. All three of them have equal share (1/3) in this piece of land. We live in New Delhi and we never had any direct control over this piece of land. It was all in good faith. My father is now old and we do not want to keep this land. He wishes to sell it and use the proceeds for something else. My father is asking them to either a) sell the land or b) buy his share or c) divide the land so that we can independently sell our share. But his brothers are not willing to do anything. We have got copy of Mutation Record and Jamabandi with us. These documents have my fathers name also as one of the joint holders in this property. My question is, if we approach the courts for division of land so that we get our part, a) Is this possible ? b) What procedure needs to be followed in this case? c) How much time legal process can take in such matters? d) God forbid, something happens to my father, what precautions should we take now so that his brothers can't deny my mother my father's share?

Answers (1)

216 votes
Yes division of land is possible B. You need to file for "Hissabandi" in the SDM court or Tehsil (what ever applicable) . Once done the mutation record (farad) will mention the total area of the land divided into three for eg if the three brothers have 100 bighas of land 33.33 bigha each will be mentioned on farad, along with the exact portion details . C This process would take anywhere between 2 to 4 months subject to your uncles do not create any issue. D. You father should write a will declaring the nominee's for the assets he owns. However as the land revenue docs already have your fathers name, no one can hinder you for your right on the share in land.

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