Partition within family
Deepak Nair
(Querist) 22 October 2011
This query is : Resolved
2 farmer brothers were tenants of a land in a rural area of Thane District in Maharashtra. Due to the change in the tenancy law, they became the owners of the land, which was transfered to the name of the elder brother. In 1975, the said land was equally devided between teh brothers and the same was included in land records by way of a written application signed by both brothers and supported by panchnama of 2 witnesses from each side and incidentally the name of the owner in the land records was changed. Now, after all these years, the grandchildren of the above said elder brother is claiming the entire ownership of the land stating that the partition was illegal as there was no registered document.
What is the way out for the grandchildren of the younger brother??
I searched the Mah Land Revenue code, but could not find a provision in support of the same.
Isn't there any time limit for such claims? Is registration necessary in family partitions?
I request for help and guidance on the above.
Devajyoti Barman
(Expert) 22 October 2011
No registration of partition is not mandatory. After so many years the claim of the grand children would not subsist but at the same time if the grand children do have proofs to show that the land was equally divided among the two brothers and all of them enjoying those plots in that fashion then I do not see any reason to panic.
prabhakar singh
(Expert) 24 October 2011
The claim of the grand children of elder brother is illegal and unjustified,they can not plead or claim rights that were already enter see admitted between grand fathers of two branches.No registration was required there for as the same was a family settlement duly acted upon between parties at then and the records of rights were changed accordingly and the same continued as such not only in their time but also in the time of their sons then it does not lie in mouth of one branch grandsons to claim against the other branch now.
Deepak Nair
(Querist) 24 October 2011
Dear Sirs,
Thanks a lot for your prompt replies
