You have to file suit for partition for division of land by metes and bounds
As on date you have undivided share in land . The legal heir is ownerof one seventh portion of land
your option is to buy him out or file partition suit
Regarding possession of undivided share of a property
There was a small land (about 14 cents) that I needed to register for road purposes in order to connect my north and south properties is this one. This land is therefore owned by seven legal heirs of a deceased parent, five of whom have signed a registered sale deed in my favor of me (which is undivided and contains no mention of boundaries), and I will shortly receive another registration for a 1/7 th portion. However, the last 1/7th share person is making things difficult for me by interrupting my work, surveys, etc. I am currently in possession of the entire land I would like to know 1) Since the sale deed makes no reference of a boundary, who is going to have the possession of the land legally. 2) How should I legally deal with the 7th share holder who is claiming the part of land in a such a way that will obstruct my road once again
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
1. Since, the property is unpartitioned , then presently all the legal heirs would be considered as owner and in possession
2. You can file a Partition suit before the court , if he is not agreed
- However, you can send a legal notice to him before filing the suit .
You have purchased the undivided share of property of the vendors, hence you cannot claim any particular property as your property until it is legally partitioned between you and the remaining shareholder.
The remaining share holder can very well object to your survey activities hence you better approach court with a suit for partition and get the property surveyed by a government surveyor as per court order in the same suit.
He can obstruct you as he is coowner of the same. You need to approach court off seeking injunction against him if he is obstructing your way
Dear Client,
Determining the precise borders may become difficult if the selling deed lacks precise boundary information. Still, having physical possession of the land can play a big role in proving who owns it. Your claim may be strengthened if you have taken action to use and maintain the land and are the legal owner of the whole area. Different jurisdictions have different laws regarding adverse possession, however in some, open and continuing usage of the land without opposition for a predetermined amount of time may have an impact on ownership rights. Try to open a line of communication with the 7th shareholder to understand their concerns and discuss a possible resolution. This might involve negotiations or reaching a compromise.
1. All of you are its co owners but none can take possession f it until physical partition is made either in consent or through court.
2. File a civil suit for partition and for injunction.
1. As there are 7 legal heirs with each entitled to 1/7th undivided share, all of them have to execute the sale deed in your favour. Otherwise, your title will be defective legally.
2. You cannot legally compel him/her to sell his/her undivided share to you. Better arrive at a compromise even by paying him/her a higher amount if that is what matters.
