My grandfather died in 1977. He had land of 20 hectares. In 1980, His sons 'X', 'Y', 'Z' made partition on stamp paper of 5 Rs. With this partition, 'X' was holding 8 hectares, 'Y' was holding 7 hectares and 'Z' was holding 5 hectares.
'X' produced this stamp paper to circle officer. Based on this stamp paper, circle officer effected the partition and allotted the survey no.s (gat no.) to individuals' share. [Note this point]
This is not legal activity. Circle officer has no right to effect partition. This partition should be done by Tahsildar by Maharashtra land record law section 85. OR by making the proper registration of partition document.
Though this is the illegal activity, everyone was happy in their shares. All three were cultivating their land and taking benefits of individual land.
In 1989, 'Z' realised that circle officer's activity is illegal. He claimed one third right on 1 hectare of 'X' and 1 hectare of 'Y'. That one hectare is near the national highway and was commercial place for future. 'X' and 'Y' refused to give one third of futured commercial land. 'Z' filed suit to tahsildar,and after some dates, collector ordered to give one third to 'Z' of 'X' and 'Y'. There was no order about remaining land as remaining land was not disputed area in 'Z's claim.
After the order of collector in 1995, 'X' is holding 7.66 hectare 'Y' is holding 6.66 hectare and 'Z' is holding 5.66 hectare. All three 'X', 'Y' and 'Z' properly and legally splitted their individual land among their sons throgh section 85. 'Z' sold 1 hectare of his land also.
Now land holders are X1, X2, X3 (sons and wife of X) and X.
Same for Y; Y1, Y2, Y3 (sons and wife of Y) and Y.
Same for Z; Z1, Z2 (son and wife of Y) and Z. and 1 hectare purchaser 'W'.
So total land holders are 'X', 'X1', 'X2', 'X3', 'Y'. 'Y1', 'Y2', 'Y3', 'Z', 'Z1', 'Z2' and 'W'. Everyone has individual survey no.
After this court matter and internal splitting, everyone was till happy. Land shares mentioned above have separate survey no.s and all three and their sons are holding and cultivating their individual shares.
Now in 2012, new highway road is passing by X1 and X2's land. This land will be commercial in future. 'Z' again want to claim the share on 'X1' and 'X2's land on the basis of illelagal activity happened by circle officer in 1980.
Is his claim legal after 32 years and after these much transactions in land record? Please guide me. I am 'X1'.
Thanking you,
Abhishek Shinde
