Legal Question in Real Estate Law in India

Hi,

We are 4 brothers including myself.We have residential and agricultural land on joint names of us 4 in Uttarakhand.

We have not been able to reach a mutual partition agreement.One of my brothers does not want the land to be partitioned for his own selfish reasons.

I wish to get rid of the joint names and have my 1/4th share on my individual name rather than joint.Also I do not wish to sell any land nor do I want any money in exchange of land.I only want my 1/4th share of land on my name.

The other 3 names may be joint or they also may get their share on their names individually.I don't care.

Is there any legal process that may help.If so could you also tell the government expenses associated with it.Someone told me that if I file a suit against all brothers in a civil court I will first need to deposit money in proportion to land value.I do not have that much money.So please consider this in your advise.


Asked on 2/25/10, 9:56 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(1) You may need to file a suit for partition of property;

(2) To make an assessment of expense involved, you may need to contact a lawyer in your area;

(3) litigation is very tiring, costly and time consuming. therefore, try to find out a solution for amicable settlement of dispute - try involving relatives / friends and involve social capital for peaceful settlement. The litigation route may be unhealthy also. If you do not have enough funds to spend, litigation should be kept completely out of consideration.

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Answered on 2/27/10, 7:04 am


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