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Kartha Keralam (sales)     06 April 2015

Kerala "pattayam" & partition deed

Learned professionals,

Query regarding a partitioned property by registered deed of 1957.

Partition done between sons A, B, C & D

Share of property for two sons A & B are kept as joint in  registered partitioned deed 1957. Son B died unmarried in 1967.

  "Pattayam"  (Deed ?)  issued by LAND TRIBUNAL of Kerala Govt in 1977, for this property, in the Solely  name of Son A.

Till now this property is enjoyed by legal heirs of son A.

Has other sons C & D  and their legal heirs any claim in the share of deceased  son B?

Please enlighten me sirs..



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2015

The pattayam has been issued in favor of A by the Land Tribunal of Kerala Govt should be on some basis (?), do you know that or do you have the papers related to that decision made in the year 1977.  Since the property was partitioned favoring both A and B jointly and duly registered accordingly, it can be presumed that since B died unmarried, A used his influence to transfer the entire on his name by making pattayam on his name in the year 1977, if it is not so, you may verify that on what basis the other legal heirs of B were excluded while the revenue records were transferred in favor of A then. Legally the class II legal heirs of B are entitled to a share as successors in right,but since there are no class I legal heirs available and also the property is in possession and enjoyment of heirs of A since beginning i.e., atleast after the death of B, the title can be perfected by adverse possession too.

Consult a local lawyer with all the relevant and related documents/papers for second opinion too.


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