Partition done by notice at tahasildar office
Vijay
(Querist) 29 September 2015
This query is : Resolved
My Father had 5 acres of land on his name.In 1997 he partitioned 2 acres of land with application and notice in Tahasildar office 1 acre on my name(Son) and 1 acre on my mother's name.The satbara and ferfar has name of me and my mother since 1997.Now my sister is claiming that partition is not legal which is done 18 years ago with application and notice in Tahasildar office.
Is this claim has any legal existence in court of law?
kavksatyanarayana
(Expert) 29 September 2015
@author, as the property is your father's self acquired, he can give it or some part to any one and so your sister cannot claim. he gave 2 acres to you and your mother, if still there is remaining, it can be distributed among all the legal heirs of your father, if he died intestate.
Rajendra K Goyal
(Expert) 30 September 2015
The land partitioned through what documents?
Vijay
(Querist) 30 September 2015
Application in Tahasildar(Revune) office and notice in news paper.
Rajendra K Goyal
(Expert) 30 September 2015
Transfer of property should have either through gift deed or settlement deed.
Vijay
(Querist) 30 September 2015
But the ferfar(land record) has stamp of Tahsildar(Revune) office and before 10 years it was allowed to do partition with application in Tahsildar(Revenue) Office Maharashtra. Since 1997 the satbara(land record) has name of me and my mother which is almost 18 years now.Also my father given notice in news paper at that time of partition.
K.S.Srinivas
(Expert) 30 September 2015
Your father should have transferred the property through gift deed or written a will.
Vijay
(Querist) 30 September 2015
In Maharashtra Tahasildar used to do partition through application. He had that rights till year 2000 or so.
Vijay
(Querist) 01 October 2015
My father done this partition in 1997 with filling 'Form No 85' in Tahsildar(Reveune) office Maharashtra.