Re partition
Ravi Mattu
(Querist) 15 April 2013
This query is : Resolved
Dear sirs
Please can you help advise on the following issue
My father and his brother my uncle partitioned their land some 28 acres over 6 plots in the village, my father got 3 plots his brother 3 plots. My father got a extra 4 kanal as one of the plots he got was unusable for any agriculture. My father and me spend lots of money on improving the land adding a tubal well and levelling the land. Over the last 30 years this has been the case, five years ago my father past on and Inherited all his land. Over the last two years the plot that I inherited has become very expensive as the main city of Jalandar has come toward the village and my plot is on the main highway. This plot although only 7 kanal and 12 Marlas is now worth more then the rest of land put together. To take advantage of this my uncle has decided that partition was unfair and has told me that he wants to do a re partition. Based on a re partition he would get 2 kanal in the plot as this the one that is larger one then his.
He intends to get a case for all the land to be re partitioned so he can get 3.5 kanals and 6 Marlas in the most lucrative plot and is willing to divide all the 6 plots in half so I get 6 smaller plots and he gets the same in a move to get his hands on this very lucrative plot.
If he wins a case against me and re partition is granted can I ask that I hold onto all my plots and he gets the extra two kanal in the lucrative plot so I avoid giving up the extra 1.5 kanal 6 Marlas.
Many tanks for any advise please.
Anirudh
(Expert) 15 April 2013
If the partition between your father and uncle had taken place some 30 years ago, the question of any re-partition cannot arise now. You need not worry. But in case your uncle files any case, then you have to engage a very good lawyer to defend the case.
Devajyoti Barman
(Expert) 15 April 2013
Do not worry. If the partition was validly executed , your uncle can not reclaim the land.
However he may challenge the past partition by a fresh suit.
Before he does that and get some injunction order, you better sell of the said land.
Adv k . mahesh
(Expert) 15 April 2013
he may contest the case and court may decided in his favour or not but you would face lot of harassment so meet a party to sell the property and sell it
R.K Nanda
(Expert) 15 April 2013
agree with experts.
