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abhinav.ag   19 September 2015

Trying to understand my options in a partition

Summarising the division so far. My grandfather and his brothers divided the business back in 1991 in 3 parts. This was a verbal agreement. In this living place our house was not divided yet.

 

My father and his brothers drew up a partition document back in 2001 further dividing the business. This document was created on a stamp paper and the first page it says that the document is a "याददाश्त बटवारा" which in english would mean some kind of memorisation of division. Furthermore it says the document is वाखुदहा.

 

The first query, if any one can help me is - what is this याददाश्त बटवारा and वाखुदहा. ?

 

Till now the living place was not divided, not even in 1991. My father and me were living in that place. This document says "my father and his brother retained their ownership part in living place as it was not been divided between my grandfather relatives. When the division happens in future, my father's brother will get the complete ownership of living place. In exchange my father will get extra place in the business building (divided back in 1991). but my father will retain ownership until he gets his full ownership of the extra place".

 

Recently in 2015, the living place division has happened. So my father's brother has started pressuirng us to vacate the living place citing the above document - "When the division happens in future, my father's brother will get the complete ownership of living place"

 
Problem cropped up is - 1991 division was a verbal agreement. All grandfather relatives are saying they don't agree to it and want new divison of business and hence the extra place promised to us is in danger.

 

So we told our uncle that there is another clause too - "but my father will retain ownership until he gets his full ownership of the extra place". So unless all relatives agree to a division and we get ownership of our part, we are not giving up the living place ownership.
He is now threatening us with a lawsuit.

 

So second query is - how right are we in insisting the document clause?

 

Please help me out.



Learning

 2 Replies

Kumar Doab (FIN)     20 September 2015

Apparently :At the most it is MOU.You are right in your stance.It is not registered.

You may show all docs on record  to an able lawyer specializing in family/revenue/property/civil matters.

abhinav.ag   23 September 2015

I have been trying to see the exact meaning of the words by googling them. I found couple of court orders/judgements for याददाश्त बटवारा

https://patna.bih.nic.in/Judgment/CN-02-26-07-2014.pdf

https://madhepura.bih.nic.in/Upload/cases/106%2014-15.pdf

https://madhepura.bih.nic.in/Upload/cases/72-%202013-14.pdf

https://patna.bih.nic.in/Judgment/CN-05-11-10-2014.pdf

 

and this has left me even more confused between याददाश्त बटवारा and a normal partition. 

 

found only one judgement for वाखुदहा

https://muzaffarpur.bih.nic.in/dclrw/BLDR/59%2012-13.pdf


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