• Transfer of property or legal transfer of property

Thanks in advance for Giving the answer. 
My father and mother both have expired. As I work in delhi my hometown is in etwah uttarpradesh. My father agriculture land which was transfered to him after death of his father (my grandfather) . As we are 4 brothers and land is automatically transfered to we 4 bothers. I want to sell out my part land but my 3 brothers are not willing and not want to me to sell my part and also not want to separate land as per government as I live mainly in delhi and do not know much well in my hometown etwah uttar pradesh i only have photocopy of khasara where my name is written and death certificate of only my father (photocopy) . And the patwari is also in there side when I ask him said mutually only you can sell like that he is saying . 
What is legal proscpect how can I sell that and how much time it can take. 
If I died or one or my brothers get died how I can proceed or my children can proceeseds 
How much time or money it can expends.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

This property belonged to your deceased father and now devolving on all his legal heirs. 

You cannot sell your share of property without the consent of other shareholders. 

You can file a suit for partition and separate possession of your rightful share in the property after which you can sell your share in the property. 

T Kalaiselvan
Advocate, Vellore
87448 Answers
2348 Consultations

You are at liberty to sell your undivided share in land without consent of your siblings 

 

2) Patwari is wrong 

 

3) you can in alternative file suit for partition for division of property by metes and bounds 

 

4) legal fees vary depending upon lawyer engaged by you 

 

5) on your demise your share in property would devolve on your legal heirs 

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

1) suit takes around15 years to be disposed of 

 

2) your personal presence is not necessary on all dates 

 

3) your lawyer presence is sufficient 

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

The time taken for disposal of the partition suit cannot be predicted ,it may take at least  three to five years. 

You need not attend the court on each and every date of hearing. 

T Kalaiselvan
Advocate, Vellore
87448 Answers
2348 Consultations

Partition has to be done. You have to be present there. As it is an ancestral property your children will have a share. You have to engage a lawyer for that.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You can appoint a local lawyer who will see to it.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You can sell your part to anyone now also but the only issue here is possession as the land is a common land. If you execute partition deed with consent then it's easy else it will be w long affair if the same is contested

Prashant Nayak
Advocate, Mumbai
32678 Answers
207 Consultations

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