enforcement of unregistered partition
legalquery
(Querist) 05 August 2011
This query is : Resolved
respected experts,
I am hindu from AP.My mother&uncle(dads E.brother)entered an unregistered partition in 1959 for some agri.lands,as I was minor.patta was on uncle&my name.Accordingly,we are in possession&enjoyment till today.the same was recorded in occupatin colomn of pahanies &taxes paid asper partition.After my minority,I co-operated with my uncle in registering his some portion of land in sale as it was on both names.then I started requesting him to apply for mutation of remaining lands asper partition.No response.After some years,I sold some of my land to a common relative&my uncle did not sign.Till today,I could not register that,but the relative is in possesstion&enjoyment.After my uncles demise in1986,the names of his2sons entered in records.They too not ready to change pattas on record.During partition,uncle took majorshare in extent&developed.My mother being widow with minor child could not raise the voice.I persuded with uncle&his sons after his death for years.But invein.one more thing.in1994 when pattedar passbooks issued,theMRO ignored our partition&mentioned the names of both parties in patta&possession columns of evry survey number.on enquiry,he said he did it asper orders of higher authority.The same is continuing on records till today.Pl.advise on follwing.
1.How to approch to thahasildar to rectify the possession which is with me from 50yrs asper partition as he changed in PPBs.Present situation is I developed my part&they developed their part.
2.HOw to get change titles asper partition i.e vice varsa without consent of other party or any alternative left.For every time,MROS said that both parties sould apply for mutation.So,Icould not getit done even my repeated efforts.
Thanking you,
legalquery.
prabhakar singh
(Expert) 05 August 2011
an unregistered partition HAS NO VALUE IN THE EYE OF LAW ,BUT IF ITS READING PROVES IT A MEMORANDUM OF PARTITION THEN IT IS ENFORCEABLE AT LAW,OTHER WISE YOU NEED TO FILE A TITLE SUIT ON THE BASIS OF YOUR EXCLUSIVE POSSESSION SINCE 1959.
IT WOULD BE BETTER FOR YOU TO ENGAGE A REVENUE LAWYER AND DISCUSS THINGS TO FILE THE SUIT ADVISED,THE UNREGISTERED PARTITION CAN BE READ FOR COLLATERAL PURPOSES TO SHOW EXCLUSIVE POSSESSION.
M/s. Y-not legal services
(Expert) 06 August 2011
yes.. consult your advocate with necessary documents.. with out go through the documents its not easy to advise you..
Kirti Kar Tripathi
(Expert) 06 August 2011
I do not agree the Mr. Singh that unregistered partition has no value. for partition only intention is sufficient. Thus even an unregistered partition is legal and valid. if partition has taken place by meats and bound, You can take declaration on the basis of unregistered partition.
