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Pankaj kumar (Studying)     31 January 2021

property and legal document

My grandfather were 4 brothers including my grandfather,all 4 jointly owned a property of 8 acres,in which no crop is grown(meaning till today nobody on ground has possession of the said property nobody grows anything),

one of my grandfather's brother took signatures of my grandfather for partition. but later when My grandfather in order to check which part is alotted to whom ,checked revenue records he found out that part 1 was in brother 1 name,
And part2 was in brother 2 name
and part 3 was in brother 3 name
and part4 was in the name of brother 1,2,3 meaning no part was alloted in my grandfather's name .
He didn't said anything to their brothers since he wanted to maintain peaceful relation among the family
but my uncle(younger son of my grandfather) 12 -13 years back raised this issue infront of one of my grandfather's brother and also got his signature on the proposal passed by panchayat that the part4 (which is currently in the name of brother 1,2,3)solely belongs to my grandfather and the same should be rectified in revenue records.


Learning

 1 Replies

Nandini Warrier   01 February 2021

Good evening,

We can help you better if you state your concerns in your query. 

Joint ownership refers to a situation where more than one person owns one same piece piece of property. To divide such a property, consent of all members are required, and also a registered partition deed is required, a partition deed must be duly signed by all the co-owners regardless of their background. If a co-owner is deprived of his property, he has a right to be put back in possession. Every person owning the property has a right to an equal, or a certain mentioned share of the property. If the co-owners have not agreed to a partition of the property and only one or more of the co-owners want the property to be partitioned, a partition suit is required to be filed in the appropriate court of law. 

Please consult a lawyer, and produce the partition deed or a copy of the deed and check the details of partition mentioned within the deed. 

We can help you better if you could be specific with your concerns in your query.

Regards,

Nandini.


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