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Upesh Jain   18 February 2018

Partition of Ancestral Properties

Sir/Mam,


My Grandfather had Agricultural Lands at different places in same Village, he had allocated his Properties by considering the base of Location

Eg:- There are Properties X,Y&Z at different locations

Than such X,y,and Z is allocated to his son A, B, & C Respectively in Fairly manner. Which was Mutually agreed by all brothers at that time.


However, No Legal Registration was Made nor stamp paper was used for such partition, only it is written on Plain Paper by Aged Relatives.



Now, After many years One of Brother from A, B & C want that all Properties I.e X,Y & Z...  must get Divided on individual basis means if there are 3 Brothers than all Properties must get Divided in 1/3 Share

I.e 1/3X , 1/3Y & 1/Z ..so on and it Should Given to all Brothers equally, forgetting Allocation Made by Grandfather on Plain Paper.


My Question is Can he do so ? Or his petition will get rejected


Other Facts :-

Some of the above properties are allready been Sold by Brothers before some years ago. So can partition can made.


Further, on Government records all sroperties are Registered on name of All brothers equally


Learning

 3 Replies

R.Ramachandran (Advocate)     18 February 2018

You are not clear on your facts.

One time you say that the Lands at different places were allocated to A,B,C considering the base of Location. This means that some properties were given to X, some to Y and some to Z.

But at the end of your post, you say that  on Government records all properties are Registered on name of All brothers equally.  

Thus, there is contradiction in what you say at one place and what you say at another place.

Better, approach a local lawyer, show the documents and discuss the matter.

Upesh Jain   18 February 2018

Yes Land are Allocated Location Based on Plain Paper and Possession is also Hold in such manner by all brothers But on Record of Government all Land are Registered equally as no Intimation / registration is made with Government Authority in this regards.

Siddharth Srivastava (Advocate)     18 February 2018

If it can be proved that the partition was made by your grandfather orally and the same has been accepted then it is valid partition even if the same was not on papers. There are many ways to prove over partition. Otherwise, a property suit for partition be required to be filed in court of law. 


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