Property partition
Querist :
Anonymous
(Querist) 24 April 2021
This query is : Resolved
We have done partition deed as per linked documents where it states 400 sq yards. We are 3 heirs did partition deed(registered) equally. Actual land is 60 yards more(which could be encroached from street since 50 years),now the 3 heirs want that land to be distributed equally. What would be consequences, if shared equally, will their be legal issue. If one of the purchaser post sale, raises objectiion. How to distribute this legally. If the extra land among 2 other hiers is under their possession for next twelve years can they claim as their own in case someone raises objection. Third hier is willing to give in writing if he looses the land for some reason, he will not claim the extra land. Existing 133,133,133, now shared as 153,153,153.
Dr J C Vashista
(Expert) 24 April 2021
Some complicated and deeper issue(s) are involved in your query, which is otherwise vague also.
Consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding
Sankaranarayanan
(Expert) 24 April 2021
you yourself admitted that it is encroached land so its not your own land even you are using the land long years.
Advocate Bhartesh goyal
(Expert) 24 April 2021
Ownership of street land vests to Govt.May be your long possession over it but it does not confer your ownership/title . Govt can at any time dispossess you from encroached land so don't try to divide the encroached land.
P. Venu
(Expert) 24 April 2021
Has the Partition deed been registered?
kavksatyanarayana
(Expert) 24 April 2021
Your query no clarity. you have done partition for 400 square yards. In the next line, you encroached 60 yards. What is correct? How you encroach from the street? Is it correct?
Pradipta Nath
(Expert) 24 April 2021
Has the deed of Partition been registered?
Querist :
Anonymous
(Querist) 25 April 2021
Sir, thanks for the reply, this was acquired from my grandfather (intestate), my grandfather ownership title has only '400sq yards'. we have done partition deed (registered) as as per original document. However, actual land when we measured was 'sixty yards' more. There was no proper clarity whether this extra land was occupied from the street or not measured properly 'fifty years' back. my gut feeling is that this could have been occupied. Now one of the heir is forcing to distribute this EXCESS LAND equally among the three and want go ahead with construction of boundary wall with his share from excess land which is more than the partition deed . our plot comes in the middle(y). The other two heirs(x & z) want to sell in future. if that is the case, if person 'A' buys land from 'z' and if this excess land is identified in future and reclaimed by the govt , in such a situation, can person 'A 'approach the court saying person 'y' has encroached his land by hiding the fact that excess land('60 sq yards') was reclaimed by govt (as registered partition deed has only '133 sqyards' for x,y &A(person purchasing from z in future). what would be the repercussions if extra land is shared equally among us. how to get into agreement with 'z' & 'X' to share the excess land equally, so that there will be no issues in future. Person 'Z' is ready to give in writing that he will bear the loss in case govt reclaims excess land from his part and will not reclaim. if z gives in writing with notary, is that legally binding? but he could sell '153 sq yards' any time in future to unknown Person 'A'.
Querist :
Anonymous
(Querist) 25 April 2021
Request the experts to provide their valuable opinion, on whether the excess land can be shared among us equally and take an notary agreement from party 'Z' . Does it have legal binding?
P. Venu
(Expert) 25 April 2021
What is the basis for your 'gut' feeling? Is a public street a boundary to the property?
Dr J C Vashista
(Expert) 25 April 2021
Mr. /Ms Anonymous,
Original sale deed / acquisition document pertain to 400 sq. yds. and remaining 60 yds is encroachment as I could make out from the facts posted by you is it correct ?
The partition deed can not confer title beyond 400 sq. yds., if it there it is invalid and illegal.
Encroached / excess land can not be validly/ legally sold despite the fact that you are in adverse possession for more than 50 years.
As advised earlier, show the documents to a local prudent lawyer for appreciation of facts/ documents and professional advise.
krishna mohan
(Expert) 06 July 2021
Any land more than the inherittance will be illegal. So it is upto you to decide. If putta can be granted for actual measurement as cited by you by contacting local revenue officials then it may be acquired by paying appropriate fee to Govt.
