jagan mohan reddy 28 November 2023

How to set the farming land boundaries within one survey number

Hallo sir,

We are 3 persons and we three of us have agriculture land under one survey no in my village. Total land is 10 acres. One person has 6 acres( in this two acres came from inheritance and rest of 4 acres purchased from his cousin) , please note that inheritance land purchased land is not next to each other , Second person has 3 acres ( he got 2 acres from inheritance and 1 acres purchased), here is also same issue ( Inheritance land purchased is not next to each other) , the last person has 1acre of land( received from inheritance) .

The issue is that no one is happy with their boundaries because inheritance land and purchased land is not next to each. We all have decided to re-partition this land(both acquired and sale) to keep it one place instead of pieces.

Do we required to go for new registrations with setting up new boundaries OR go to civil court for proper partitions. Your advise will be great help for us

Many thanks
Jagan

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7 Replies

T. Kalaiselvan, Advocate (Advocate) 29 November 2023

If you people own the said properties as independent owners, then you all can mutually agree to exchange each others properties as per the mutually agreed terms and conditions and reduce this exchange agreement to writing and execute the same by a registered document.

The stamp duty for egistering the deed for echange of properties will be lesser to that of the stamp duty applicable for sale deed of the property.

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Sanskriti Tiwari 29 November 2023

In situations like this where there's a need for re-partitioning land among co-owners due to dissatisfaction with the existing boundaries, the Partition Act of 1893 in India provides a legal framework for amicable settlement or court-mandated partition.

Given that the land parcels acquired through inheritance and purchase are not contiguous, creating a consolidated single parcel might require a formal legal process. Initially, it's advisable to attempt an amicable settlement among co-owners through a partition deed, which outlines the agreed-upon division of the land.

However, if an agreement cannot be reached, co-owners can approach the civil court for a partition suit under the Partition Act. The court will appoint a commissioner to physically survey and demarcate the property boundaries according to the equitable interests of each owner. This process ensures a fair and just division of the land among the co-owners.

It's crucial to note that case law and precedents play a significant role in these matters. Courts often consider various factors such as the nature of ownership, equitable considerations, and the interests of all parties involved. The court's decision is based on maintaining fairness and equity among co-owners.

Additionally, registering the new boundaries after partition is essential to establish legal ownership over the newly demarcated parcels. A new registration will authenticate the division and provide legal clarity to the rights of each co-owner over their respective portions.

Hence, for a comprehensive and legally binding re-partitioning process, seeking legal counsel and potentially engaging in court-mandated partition might be necessary to ensure an equitable resolution of the land dispute among the co-owners.

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Dr. J C Vashista (Advocate ) 29 November 2023

Since all 3 are stated to own:

a) by different persons :

b) in different pieces of land

c) with different modes of acquisition (inheritance + self-acquired)

d) which are stated to be disjointed,

you may move to concerned Revenue Authorities for consolidation of holding under the provisions of your State Consolidation of Holding Act through a local prudent lawyer.

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jagan mohan reddy 29 November 2023

Many thanks Kalaiselvan ji, Tiwari ji, Vashista ji for your kind suggestions. Much appreciated for prompt reply. Thank you so much...

Regards

Jagan