DEAR EXPERTS,
My client's father owned and possessed of an agricultural land admeasuring about 3 acres situate in the district of thane, maharashtra. The land is an ancestral land. He has 3 sons including my client.
1. After the death of my client's father the names of all three sons were brought on 7/12 extract of the said land. Later, all three brothers decided to have the said land partitioned and they did so by a family arrangement (oral agreement) whereby they agreed to the share of 1 acre each.
2. Accordingly partition was effected. However, the mutations on the land records were not carried out accordingly and therefore names of all three brothers continue to appear on the 7/12 extracts of the entire land till today.
3. The three brothers then cultivated there respective share of land until two of them (excluding my client) decided to sell their share of land. They sold it to some third person by a regd. deed of sale. My client extended full co-operation to the said sale transaction and did not cause any trouble to his brothers, nor demanded a single paisa in the sale proceeds although his name appeared in all 7/12 extracts. The entire consideration amount for the said sale was retained by his brothers according to their respective share od land. My client continues to cultivate his share of land till today.
4. Now, the problem is that the other two brothers who have already sold their share of land are claiming that they are entitled to equal share in the 1 acre land that my cleint got in the partition. They are threatening that since their names are still appearing the 7/12 extracts, they will dispossess my client of the land.
My query is-
Whether the names of the other two brothers of my client can be removed from 7/12 extracts of my client's share of land of 1 acre although there is no documentary proof of partition?
The purchasers of lands (whom the other two brothers sold their share) are ready to depose in favour of mu=y client. The possession of the land is with my client alone.
Please Advise
