imran (Sr Engg) 16 May 2012

Land partiton under muslim personal law.

Dear Lawyers'

we have 5acrs land in our posseion fron last 20yrs, as per the partition deed done by my father and his brother. The partiotn deed done was not registered and was done before the local panchas. But the 7/12 extract show both the names on the whole property still. As this partion has been not registered as there was no any dispute until now. Now the problem is, we have devloped 5 acres land in our possion and unlcles land is not developed by him.

Now, Uncle and his sons are saying that this partition deed done before 20 yrs is not exeptealbe and we need to swap the lands.

Please help me, how can we save this land having in our posession from last 20yrs. We dont want re partion or swaping as we have had invested in this piece of land for good cultivation.

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 May 2012

Dear Querist,

First of all tel me how the property came to be joint in the first place, in whose name is it held.

A Partition among a family can be effected even orally. However if reduced into writing and meant to be effected through a written instrument - such Partition is required to be registered. But still an unregistered partition deed can be looked into for a collateral purpose of seeing what is the nature of possession and who's possessing which part of the property.

A perusal of partition deed alongwith history of property would be needed to comment conclusively.

Regards,

Bharat

Advocate

imran (Sr Engg) 16 May 2012

Dear sir,

First of all, many thanks for looking into this matter.

After death of grandfather the property is name of two persons i.e my father ( MGS) and Uncle (RGS), also there are other names i.e my two aunties (Fathers sisters) ( both deceased), but one of there hier are added there names to the property and other aunties hier not intrested.

The property is Devasthan Inam. ( We are sunni muslims)

11 Acres.

MGS+ (Aunti 1 & Aunti 2)- 50%, RGS(Aunti 1 & Aunti 2)- 50%

Aunti 1- 3 daughters.

Aunti 2 - Four Sons.

The posseion of land is according to the terms which are wriiten in the partition deeds (20yrs back). The problem with uncle land is he has not secured the boundaries hence his neighbours are encroached in his piece of land. We have the 50% of land in our possision since 20 yrs.

Please help me for what should i do. Kindly guide me under Muslim Law. Also please explain the what share we would need to give to heir of aunties, if they claim.

Hope the above information is suffiecent, and if not please let me know.

ever ever thank ful to you,

imran.