Oral partition.
Querist :
Anonymous
(Querist) 02 January 2012
This query is : Resolved
Dear Experts,
In this particular case;
Mother-in-law is the owner of Agricultural lands & some other property. During her life time she had given a GPA to her Son-in-law to deal with the property. In her will she had not given him any of the property. But, some how he brought his name ( Mutated)in Revenue records in some Agricultural lands (Patta Lands). As on day the matter is in the District court .
My query to you is, can he take a plea of oral partition ( Ofcourse, his MIL had not mentioned any thing of this sort;but for a GPA which was given to him,in her Testament).
Please EXPERTS give me clarification in regards to this doubt!
Thanking you ALL again.
Raj Kumar Makkad
(Expert) 02 January 2012
GPA expired at the same moment testator (MIL) expired so it lost its relevance in the eyes of law so no content mentioned therein is for the use of SIL.
Will shall prevail compared to GPA.
Querist :
Anonymous
(Querist) 03 January 2012
Dear Sir,
What about the Revenue Records. Does thease entries have any sanctity? I mean he mutated his name in the Revenue records (Without any INSTRUMENT, he had only GPA holder, of the property in question).
Please give me some clarification in regards to this angle,in the EYE OF LAW!
Thanking YOU ALL ONCE AGAIN.
Devajyoti Barman
(Expert) 03 January 2012
A person not by way of partition gives property to a person who is not her legal heir. She needs transfer deed which is registered as well.
Revenue records would not be of much help.
Deepak Nair
(Expert) 03 January 2012
The Son-in-law have to produce the instrument by which the property was transfered to him, such as Sale Deed, Gift Deed etc.
Unless and until he produce such documents, he cannot have a claim on this property.
prabhakar singh
(Expert) 03 January 2012
You have opened a new thread jumping the old one which shall mislead us.
No revenue record could he legally mutate.
you are suggested to inspect the revenue record and to challenge to expunge the invalid mutation.Consult a lawyer locally practicing revenue law instead of posting queries here.
