Land property Land property

2 months ago

Can I get a partition in the free agriculture land property provided by government to my father, If yes can I sell it? Because my father is no more and my mother is bed ridden. Now my brother is denying to provide me the partition.

Anik

Responded 2 months ago

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A.Dear Client,

Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948, mandates that agricultural land cannot be transferred through various means (sale, gift, exchange, mortgage, lease, assignment, or partition) without the Collector's permission. In cases where the deceased father leaves the land without a will (intestate), all surviving legal heirs are entitled to an equal share. To obtain their individual shares, legal heirs must file a partition suit in the civil court, preceded by obtaining permission from the relevant Collector.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Section 43 of the Bombay Tenancy Act and Agricultural Lands Act, 1948 states that no agricultural land purchased or sold to any person shall be transferred by sale, gift, exchange, mortgage, lease, assignment or partitioned without obtaining the permission of the Collector. If the land left by your deceased father is intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share of the said land and to obtain the individual share by the legal heirs, a partition suit may be filed in the civil court after obtaining permission from the Collector concerned.
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Vidhi Samaadhaan Vidhi Samaadhaan

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