Share
Right of enjoyment in deemed joint property
Question
We have purchased 2/3rd share in a land from Mr. A & B.. Another person purchased remaining 1/3rd share of land from Mr.C.. I understand that earlier this entire land pertains to one person and he has sold it in 3 shares to Mr. X, Y and Z without describing seperate boundary for each share.. and X Y and Z inturn sold it to Mr. A, B and C from whom we purchased our 2/3 rd share of land..
Now the other person who purchased the remaining 1/3rd of land is not allowing us to do agriculture in our 2/3rd share of land and asking us to exchange his 1/3rd of land with our any one 1/3rd share because his 1/3rd of land has less water capacity.. His argument is that it is a joint property because there are no seperate boundaries for our 2/3rd share and his 1/3rd share and he can take any 1/3rd share in the joint property.. but we are unwilling to exchange the share..
Please guide us on whether it is a joint property ?? Is his contention valid ?? If we go to court, who has the possibility of winning the case.
Answer ( 1 )
You will have to file a suit for declaration and permanent injunction claiming your share purchased. And there is no obligation on you to exchange your share. Get the property partitioned and if its a join land., then whatever as per the agreement the land has come to you, it cannot be exchanged verbally.