Joint family division

ajitkumar (Querist) 18 September 2014 This query is : Resolved
Dear Sir,

Our join family property is consist of total 14 acres of agriculture land and in the name of my deceased uncle P.R.Patil (HUF Manager). Whole HUF family is consist of 5 brothers, 3 sisters and 1 mother.

Actually HUF is formed in 1972 after my Grand father's death. Before that Family was undivided but there was 2 Accounts of land records.

1. is in the name of My grandfather in which there was 9 acres of ancestral property.

2. Is in the name of eldest uncle
P.R.Patil in which there was 5 acres of agricultural land. Those 5 acres are purchased from third party and purchase deed was in the name of eldest uncle P.R.Patil.

In 1972 all the property is merged in 1 account as a HUF property.

In 2009, one of the son of P.R.Patil demands for whole share of his fathers purchase deed from HUF property at Revenue office of Tehsil, and Revenue officers allow that demand and HUF status is removed by giving him 5 acres as per his fathers purchase deed and keep another 9 acres as HUF property.

Is it right division in the revenue office..?

Is there any for My father to claim his 1/5 share in whole 14 acres rather than only 9 acres ?

Have any right of My father and other uncles on 5 acres which was removed from HUF by revenue officers only on the base of purchase deed ?

Please give me any direction..

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P. Venu (Expert) 19 September 2014
Revenue Officers are vested with no such powers. You may seek appropriate legal remedy.

ajitkumar (Querist) 19 September 2014
P. Venu sir thanks for your response, Sir actually there was one decree of partition is passed between the all uncles in 1979, as per that decree, elder uncle included all the 14 acres and equal partition in brothers.
But during one case processing at court in 1981,Son of eldest uncle submitted wrong decree by correcting some portion hence My father and other 2 uncles submitted one affidavit in court that this decree is not in the favor of us and we are not bondable to accept that one.
Now the son of Eldest uncle showing that affidavit to revenue officers and revenue officers are ignoring decree because of that affidavit. Fact that there is no any appeal on that decree till now..
Sir please advice me, Is that only affidavit of my father is stop me to go for partition as per Decree..?
Your response is very valuable for my family.

P. Venu (Expert) 19 September 2014
Now, the facts are entirely different. No answer can be given without perusing the decrees.

T. Kalaiselvan, Advocate (Expert) 27 September 2014
Expert Mr. Venu is right, without seeing the orders no opinion can be rendered because your own statements from one post to another differs to each other, better ascertain what you want to clarify and give proper details so that you will get proper opinion.

ajitkumar (Querist) 29 September 2014
Yes Sir...

Actually there was one decree of partition is passed among all 5 brothers in 1979,which include all the 14 acres land.

In that decree eldest uncle includes all the land which was in his purchase deed also.

There is no any appeal on it. So can I proceed with that decree to cancel partition by revenue department ?