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Shruti   26 April 2023

Changing of partition agreement

Hello,

My father is alive and I, my brother and sister decided to partition property in his lifetime because court cases are increasing these days, so we wanted peace of mind after his death. We partitioned agriculture land, giving less to sister because she will get father's house. Once Tehsildar approved partition and passed the order, my sister filed appeal that Tehsildar did injustice, he should have increased her portion of land. She has already moved all her belongings to father's house and was supposed to start paperwork for house title transfer after Tehsildar passed the order, but instead she changed her mind or she is double-dipping. What can we do? Can we file application to cancel the appeal? Can we claim compensation for mental harassment and stress for her changing her mind?



Learning

 5 Replies

P. Venu (Advocate)     26 April 2023

The facts posted are disjointed and lacks clarity.

Did the entire property belonged to the father?

Was it a settlement or partition deed?

T. Kalaiselvan, Advocate (Advocate)     26 April 2023

If she has filed an appeal then you can challenge the same on merits.

In fact if this was your father's own or self acquired property, then  neither she nor you or anyone can claim any share in the property as a right.

 

Dr J C Vashista (Advocate)     27 April 2023

Why she was given less share than brother's share wherein she is entitled for equal share in the intestate property in succession ?

Did she agree to the partition made / quantum of share given to her during life time of your father ?

Shashi Dhara   27 April 2023

File partition suit in civil court  in metes and bounds 

 

P. Venu (Advocate)     27 April 2023

The querist is yet to provide the basic facts.

Whose property has been partitioned? If it is father's property, it cannot be partiiton, but a settlement as the father, admittedly, is alive.

Has the so-called partition deed been registered?

Further, how come the Tehsilder, a mere executive authority, has been appellate powers in adjudicating a Family Settlement or Arrangement? Under which law?

It appears that facts are misconceived or that querist does not want to disclose for reasons better known to him/her.


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