Legal Question in Real Estate Law in India

After 12 years of death of her parents, my mother (now 83 years) asked for share in her paarent's property mainly agricultural land, coconut farm and a dwelling house, shed, well etc. from her 3 brothers and 5 sisters who were in possession of these properties, after great fight, she was given 1.33 acres of paddy field and its possession was given instantly. However, till today (it is 23 years now) partition deed prepared by us was not signed by any of her sisters and brothers. My father 93 years and my mother have cultivated the land paddy field for about 7-8 years and thereafter left the land baarren without any cultivation as it was not possible to cultivate. The main aim of one of her brother who was a surpanch and is a politician (now bed ridden 65 years) was to ensure that we get nothing out of the land given to us, neither we can cultivate nor we can sell it. Now some people in the same village are asking the same for a price even knowing thata the land is still in the name of my mother's parents. The question is - whether my mother can sell one piece of land (out of 4 pieces located in different places outside the municipal limits of Udipi(Karnataka) by executing an affidavait duly notofied and by giving an indemnity bond for an amount equal to what is now paid as price ? (it is proposed to keep the amount in Fixed deposit permanently and in old age they would like to eat the interest payable thereon leaving the principal amount untouched. Is it possible ? what would be the implication?

Asked on 9/28/10, 5:10 am

Vishwa Arya Arya & Co.

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first the partition has to take place amicably or in the court.

Answered on 9/28/10, 8:16 am

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