Panchayath Parikath
Yogesha
(Querist) 10 February 2010
This query is : Resolved
Hi,
There was a Panchayth Parikath(Land Partition) made 15 years ago in front of leaders of the village. The Land Belong to A(Father) and B(Mother) and D(Second Son) was divided for three sons C, D and E.All are agreed and signed to the paper except B(Mother). Is it a valid Parikath now.Son E is Fighting to get the land according to the Parikath but C and D are opposite to it.Is it possible for E to win the case through the court.Can son D(Second son) enjoys his own property regardless of the Parikath which was made 15 years ago.One more thing is B(Mother) is passed away.she is no more.Please reply.
niranjan
(Expert) 10 February 2010
Such a unregistered partition deed is invalid.
Raj Kumar Makkad
(Expert) 10 February 2010
As the partition which took place 15 years ago in the presence of leaders of villages during the life time of B had not become he part of the revenue record hence fresh partition proceeding before the revenue authorities are required to be started and definitely D being exclusive owner of his share shall claim for that apart from his share inherited after death of B. Thus D shall have more share than C & E on the legal partition. Though C & E can raise the contents of earlier partition but if D is not ready for that on today, it cannot be enforced upon him legally because it was not recorded in revenue record at that time.
Parveen Kr. Aggarwal
(Expert) 10 February 2010
Oral Partition among family members is permissible. [Kale v. Deputy Director of Consolidation AIR 1976 SC 807].
If the partition was oral and the documents wherein it was recorded was merely a memorandum and not a partition deed then its registration was also not compulsory.[Roshan Singh v. Zile Singh, AIR 1988 SC 881]
But if the document recording the transaction was a partition deed then the same is not enforceable for want of registration.
Ashok Yadav
(Expert) 11 February 2010
Regn of partition deed is not compulsory in every state in India, it differs state to state. But in the given query if the deed was not signed by one share holder, its not a valid partition deed.
In this case as deems the partition had not taken effect in revenue records, so that deed is not valid and E can file a fresh suit for partition of the property as a coparcner.
