Re-partition of land
Sachin
(Querist) 30 March 2013
This query is : Resolved
Dear Sir
My grandfather had 21 acres of land in a village in Karnataka. About 25 years ago, after the death of my grandfather, the land was partitioned between my father and his two younger brothers (my uncles). The land was divided unequally. My father received 8 acres of land whereas my uncles received 6.5 acres each as the piece of land which my father received was not as fertile as the rest of the land. This was agreed upon between my father and my uncles and the agreement (Vatni) was documented with signature of all stakeholders and 7-8 witnesses and was submitted at the taluka subregistrar’s office. The (khata)survey number was changed and my father and uncles received individual Pahani (RTC) with separate survey numbers. Now after 25 years, the elder son of one of my uncles (who expired 15 years ago) is demanding re-partition of the land on the basis of unequal partition of land. Is such a demand valid as per law? Considering the fact that the land was partitioned 25 years ago. My father has original copy of the partition agreement (Vatni) and Pahani. Are these documents sufficient as evidence in court if my cousin files a lawsuit?
Thank you
Sachin
Adv k . mahesh
(Expert) 30 March 2013
the partition deed was executed after your grandfather
means only on mutually agreed by your father and uncles
there should be equally divided among three persons but they have not made it
consult the local lawyer of your place and show the papers without those papers seeing answering may not be correct
prabhakar singh
(Expert) 31 March 2013
Q.Now after 25 years, the elder son of one of my uncles (who expired 15 years ago) is demanding re-partition of the land on the basis of unequal partition of land. Is such a demand valid as per law?
A.No!He has no right to reopen it.The partition has taken a final and conclusive shape and inequality in allotment of share is well explained as land allotted to your father was less fertile.
malipeddi jaggarao
(Expert) 31 March 2013
If the reasons for inequal partition is explained in the document, the legal heirs can not re-open the case.
Raj Kumar Makkad
(Expert) 01 April 2013
I do agree with the advice of the experts.
Sachin
(Querist) 02 April 2013
Dear Experts
Thank you all for your opinions.
