Land Ownership

[Braveaniket6558]

B

Braveaniket6558
PARTICIPANT
March 9, 2025 at 4:15 am

So My grandfather owned a bunch of land in multiple places in kolkata. He died almost 10 years back and didn’t really distribute it among his 4 sons and 1 daughter before kicking the bucket.

1 of those sons expired, so now there are 5 waris for this land. 3 sons 1 widow and 1 daughter

Now by default distribution from government everyone got 1/5th of the land everywhere, finally all the waris got together to distribute the land in a better way and decided to give all the land at one place to one person and similarly for other plots someone else will have the full ownership, so lets say there were 5 plots and instead of everyone owning 1/5th of each plot (current scenario), each one will own 1 plot

Now comes the trouble, the widow does not want everyone else to live peacefully and refused to participate in this activity, after a lot of convincing everyone gave up and decided to do the process among 4 people and leave her 1/5th in each plot as is

now the question is if say waris 1 decides to sell his 4/5th land at a place then will he land in some legal trouble ? i.e can the widow sue the waris 1 and stop the sale process somehow ?

Share

[Quickguru4523]

Q

Quickguru4523
PARTICIPANT
March 9, 2025 at 4:44 am

You will be able to get good advice if you guys actually hire a lawyer and consult

Share

[Braveaniket6558]

B

Braveaniket6558
OP
March 9, 2025 at 4:50 am

oh jeez thanks for the great advice

Share

[Vaishalininja88]

V

Vaishalininja88
PARTICIPANT
March 9, 2025 at 4:45 am

File partition suit in court. Without partition be metes and bound you can alienate your share.

Share

[Braveaniket6558]

B

Braveaniket6558
OP
March 9, 2025 at 4:50 am

metes ?

Share

[Vaishalininja88]

V

Vaishalininja88
PARTICIPANT
March 9, 2025 at 4:51 am

which part is yours and which parts is theirs after partition.

Share

[Braveaniket6558]

B

Braveaniket6558
OP
March 9, 2025 at 4:52 am

ok, so no way to settle this except filing a partition suit is it ?

Share

[Vaishalininja88]

V

Vaishalininja88
PARTICIPANT
March 9, 2025 at 4:55 am

Please send legal notice first for partition out of the court. If she is not willing do partition out of the court, you have to file case in court. If you win she would have reimburse legal costs.

Share

[Harishguy315]

H

Harishguy315
PARTICIPANT
March 9, 2025 at 5:12 am

Yes, the widow can cause legal trouble. Since she still owns 1/5th of each plot, Waris 1 can’t sell his 4/5th share without dealing with her. She could refuse to cooperate, sue to stop the sale, or make things messy for the buyer.

The best option? Try to buy her out. If she refuses, Waris 1 can still sell, but the buyer will have to deal with co-ownership issues, which might lower the price. Another option is to go the legal route and file for partition, but that takes time.

Bottom line—she can’t completely block the sale, but she can make it a headache.

Share

[Braveaniket6558]

B

Braveaniket6558
OP
March 9, 2025 at 6:02 am

thanks for the reply, its a pain in the ass to fight a suit in kolkata while my family lives in punjab.

if i understood correctly this suit is going to define metes of the shared percentage of the co-owned land i guess

I guess we need to agree to all her unfair demands to get out of this hostage situation

Share

[Author]

Posts