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Divition of parental land

(Querist) 28 January 2015 This query is : Resolved 
my father and my uncle are sons of my grandfather. my grandfather registered his all land to his sons i.e. my father and uncle jointly. scenerio is like that joint account holder in banks same as one farm is registered to my father and uncle jointly.
now my father and uncle seprated and they decide to devide land by mutual acceptance but when they approach revenue officer(Patwari) to devide land and provide new pass book to each individual with his part i.e. half of whole land he asked him for fifty thousand money while whole land is approx 10 hectare. i don't know it is bribe or expenses charge but revenue officer asked for fifty thousand in advance. so can any body tell me

what should i do ??

what is the exact procedure to devide land while both parties are agree??

whome office i should apply for division of land ??
Dr J C Vashista (Expert) 28 January 2015
File a suit for partition, a patwari do not have any powers to get it done legally.
Engage a local lawyer and seek his/her advise for proceeding further.
Rajendra K Goyal (Expert) 28 January 2015
File suit for partition, get the decree on the basis of mutual agreement of the parties and proceed.
P. Venu (Expert) 28 January 2015
Partition deed could be executed on the basis of mutual agreement, even in the absence of a decree.
T. Kalaiselvan, Advocate Online (Expert) 29 January 2015
The Patwari has no right to charge any amount especially to this extent. He has nothing to with the this except to issue the certificate on application verifying the revenue records, if he is not willing to do so without charges, you may better ask your father and his brother to execute a partition deed between themselves, get it registered and then apply for transfer of revenue records of the property that has been allocated on individual's names.
Biswanath Roy (Expert) 01 February 2015
I agree with the valued opinion of my Learned friend Mr. T. kalaiselvan. Let your father and uncle enter into a mutual deed of partition along with a map of apportioned shares of each of them, get it registered and record the same in the revenue records.


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