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Lokesh Singh   27 May 2024

Land portion dispute

Hi 

I have a plot in the village on a road, in my name and my brother's. My mother is alive. We verbally and via the village people agreed to part the land in half; I got the Northern half and constructed a house. I am lowering my trust in my brother as he may cause problems by saying that I want the northern side. What legal remedy should I prepare so I don't get stuck in the future?

 

Regards,

Pritam



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     27 May 2024

This comes under oral partition or family settlement.

This is legally valid mode of division.

This can be enforced through law also.

Hence you better change the revenue records of your portion of property to your name separately which will protect your interests in your share of property.

1 Like

sridhar pasumarthy (ADVOCATE)     27 May 2024

Oral partition is valid provided you must be able to prove, when contignency arises.

Anyhow, get your house mutated in the records of local bodies like municipality, panchayat etc. in your name.

Also get electricity connection, water tap connection in your name.  If possible take some affidavit from your brother giving no objection for such mutation, connections etc. to avoid future litigation.

 

Lokesh Singh   27 May 2024

Hello Sridhar Sir!! 

I have been living on this land since 25 years. A small house was present since then. Electricity Connection is also in my name. Since 3 years they have started living in southern part with there electricity connection. We have constructed more on northern side with their consent. How can a electricity connection help us in the direction matter ie mine is north portion?

sridhar pasumarthy (ADVOCATE)     27 May 2024

All these proofs will support your plea of oral partition

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 May 2024

Subsequent to oral partition among shareholders,  the shareholders after occupying their respective share in the property and having got the revenue records and other utility records transferred to their respective names, it can be legally established that they are absolute owners of their respective share in the property. 

1 Like

Lokesh Singh   27 May 2024

Hello TK Sir!! 

1. I have been living on this land since 25 years. A small house was present since then, I was living with my family since then. Electricity Connection is also in my name.

2. Since 3 years they have started living in southern part with there electricity connection on house made by me.

3. We have constructed more on northern side with their verbal consent and neighbors are eye witness.

4. How can a electricity connection help us in the direction matter ie mine is north portion? Will my mother's declaration for northern part is mine will be sufficient?

T. Kalaiselvan, Advocate (Advocate)     27 May 2024

There has been an oral partition in this regard.

Accordingly the share of property was taken  into possession and had been in your peaceful enjoyment till date without any interruption 

To prove your possession and enjoyment of the propety among other evidences in your support, the water tax, property tax and the electricity service connection and the utility bills in your name would be sufficient to establish yiour title to the property besides the mutation records on your name

1 Like

Lokesh Singh   28 May 2024

Thank you so much TK Sir, Sridhar Sir

🫡🫡🙏🏻🙏🏻

T. Kalaiselvan, Advocate (Advocate)     28 May 2024

You are welcome for your appreciations Mr Lokesh 

1 Like

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