Legal partition of property
prashant pawar
(Querist) 19 May 2013
This query is : Resolved
I have a agriculture land, on 7/12 there r three names, me my mother and my younger sister. my uncles want a share in that property and filed a partition suite and got lease pendency on 7/12. later we decided to compromise to close the matter, so for making sub division of agriculture land and 7/12 we three filled up a 4no. form in land record and prepared a land recored map, now to sub-divide the land and 7/12 we need to register a partion deed in between three of us to execute form no.12 on that basis talathi will seprate the 7/12.
after seperating the 7/12 into three part we r goin to make one more partition deed in between my uncles and us, in which we r going to specify which part of land will be given to my uncles in front of the court.
i would like to ask is this procuder right,
plz guide.
Raj Kumar Makkad
(Expert) 19 May 2013
If your uncle has not share in the land in 7/12 extracts, you need not share your land with him. Had he been owner to any share in the joint land, his name might have appeared therein.
If this is the situation, you all 3 even have no need to get the partition of your land among yourselves.
Raj Kumar Makkad
(Expert) 19 May 2013
Even then, if you are firm to share some land to your uncle then first of all provide it to him by way of gift deed jointly by all of your three in equal share and thereafter if you desire, get the land partitioned through Talathi.
prashant pawar
(Querist) 19 May 2013
respected sir,
thanks for ur reply
the land has come to my father from his grandfather and to us from my fahter, there r no other names since last 40 years.
talathi asked us to fillup form no.12 in landrecord. landrecord says that on the basis of partition deed we will execute form no.12, otherwise 7/12 will not be seperated.
before adding the name of my uncles i would like to seperate the 7/12. they r mischivious, i dnt hv faith on them,
they say u just add r names on 7/12.
prashant pawar
(Querist) 19 May 2013
the other procuder is that make a partition deed in between us and my uncle and register the deed and submitte in front of the court, with the help of court order their names will be added on same 7/12, after that the matter will go to land record for partition of land as per possesion given by us.
prabhakar singh
(Expert) 19 May 2013
If the property originally belonged to your grandfather ,and uncles claiming are real brother of your father,then they can claim it by a declaratory suit by proving pedigree.
prashant pawar
(Querist) 19 May 2013
he is my fathers grandfather,
there r three parts in that land,
18,18 and 4 acres
a) my father had purchased 18 acres,
b) 4 acres was purchased by my fathers grandfather
c)remaining 18 acres came to my father from his grandfahter, my great grandfahter had adverse possesion.
my fahter declared 4 acres of land huf and gave half of it to his younger brother.
prabhakar singh
(Expert) 19 May 2013
a) my father had purchased 18 acres, HENCE IT WOULD BE TREATED HIS EXCLUSIVE AND SHALL NOT GO TO HIS BROTHERS SIDE.
b) 4 acres was purchased by my father's grandfather SHALL GO TO BOTH SIDE.
c)remaining 18 acres came to my father from his grandfather, my great grandfather had adverse possession.SHALL GO TO BOTH SIDE.
R.K Nanda
(Expert) 19 May 2013
no more to add.
prashant pawar
(Querist) 19 May 2013
thanks for the suggestion sir,
hw to partition a land in between me and my uncle?
i want give them some share in it.
