Oral partion and registration act 1908 and its section 17
Querist :
Anonymous
(Querist) 02 August 2011
This query is : Resolved
Hello Experts,
We have 49 guntha (aar) land. This was on name of my grandmother. On oral partiotion it was given to my father after death of my grandmother in 1984. In 1990, my uncle claimed on this land and in 1992, district court given the order to give 1/3rd part to my uncle.
Now my uncle and father holds that land as 1/3rd and 2/3rd.
We wanted to make the legal partion of this division, but as per "The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947", we can not make partition of 16.33 aar (1/3rd of my uncle).
As a security, in 2008, we written the holdings on stamp paper, specifying the partition in detail. Court has only made the partition as 1/3rd and 2/3rd, but not specified the 4 surroundings(boundries or Chatur-sima) of individual. On stamp paper made in 2008 we had mentioned boundries of individuals and also mentioned the partiotion as 32:16 aar and 1 aar for common road.
This stamp is notarised by notary in 2008. But we did not registered this document.
Is this document valid to claim my father's right about 32 aars(specifying boundries)?
I am in confusion about oral partition and Registration act 1908 and its section 17.
Thanks.
Querist :
Anonymous
(Querist) 02 August 2011
For more information, this land is in maharashtra and our religion is Hindu.
prabhakar singh
(Expert) 02 August 2011
Is this document valid to claim my father's right about 32 aars(specifying boundries)?
IT DEPENDS ON THE CONTENTS OF THE DOCUMENT,IF IT SHOWS THAT THE VERY PARTITION HAS TAKEN PLACE THROUGH IT THEN IT IS HIT AS BAD FOR WANT OF REGISTRATION.
AND IF ITS PERUSAL ESTABLISHES IT TO BE MEMORANDUM OF AN ORAL PARTITION THAT TOOK PLACE EARLIER TO ITS DRAFT,THEN IT IS GOOD IN LAW.
Querist :
Anonymous
(Querist) 12 August 2011
Thanks Prabhakarji. Can you please elaborate in more details.
Experts,
I am expecting more and more opinions.
Thanks.
