How can we prevent land takeover and proceed with partitioning?

My great-grandfather purchased an agricultural land in my hometown in 1914. He had four sons (my grandfathers) who attempted to partition the property among themselves, but were unable to do so due to their unwillingness to compromise. They did, however, change the ownership document (patta) to include all four of their names. The property remains undivided among my grandfathers and has not been used by any of us. All of them have since passed away. Now, the village panchayat chairman is trying to take over the land to build a water tank, even though the patta is still in my grandfathers' names. Is there anything we can do to prevent this and proceed with partitioning the land among the family?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 19 Nov 2024

Gather the necessary supporting documents such as original sale deed and the current patta to provide as evidence or proof that the land is still in the names of the grandfathers. File an objection against the panchayat, providing these documents as proof. Obtain an injunction to prevent the panchayat chairman from taking over the land for building a water tank. Your family members who are the legal heirs have to a come to terms and mutually consent for the partition of the land by approaching to the revenue office or the sub register office to get the partition process to be taken place and update the records.

Admin
Advocate By LEAD INDIA Answered: 08 Nov 2024

Sir, you can file a partition suit to legally divide the land and request a stay order against the panchayat's appropriation. It is advised to consult an expert lawyer who will assist you to assess inheritance rights. For further legal assistance contact us on our helpline number.  

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