Farmer receives inherited farm and farmland: Joint heirs demand funds - property becomes divided
In a recent turn of events, a local court has rejected a farmer's appeal to halt the partition sale of several plots of land inherited from their father. The co-heir, who wishes to sell their share of the plots, had applied for a partition sale, a judicial procedure in which jointly owned property is auctioned off.
The farmer, who is currently operating these areas in their agricultural business, argues that the procedure is untimely and that they were not given any prior notice. They have also submitted several loan applications to pay out the co-owner's inheritance share and prevent the partition sale.
However, the local court rightly rejected the complainant's application for an interim order to halt the foreclosure procedure. Contrary to the complainant's opinion, it is not necessary for them to prove the urgency of the auction. The complainant's partition claim is not subject to such a condition and can be asserted at any time.
The farmer needs the interim stay of the procedure for at least six months to allow them to reorganize their agricultural business. The immediate appeal remains unsuccessful in the matter. The local court did not help the immediate appeal and forwarded the files to the district court.
The district court also ruled that it is not justified based on the complainant's further statements. It is worth noting that the Bundesgerichtshof (BGH) decided on July 16, 2024 (case II ZR 71/23) regarding a related matter. No other courts or rulings on the farmer's request to annul the partition auction proceedings are mentioned, and whether further appeal is necessary is not specifically addressed in the available information.
The complainant has also submitted an application for access to the file, which was granted by the local court. The partition auction procedure is currently hindered by a dispositional restriction. The farmer and co-heir are owners of several plots of land inherited from their father, and the co-heir wants to sell their share of the plots and has applied for a partition sale.
As the situation develops, it will be interesting to see if the farmer will pursue further legal action to prevent the partition sale. For now, the partition auction procedure continues, with the co-heir moving forward with their intention to sell their share of the inherited land.
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