Unregistered partition deed.
Guest
(Querist) 02 December 2009
This query is : Resolved
5 acres of agriculture land in my grand father name (Self acquired) in Bangalore.
There were 4 sons divided this property along with my grand father of equal share of 1 acre each (5 shares) through panchayithi palupatti (Unregistered partition deed) in the year 1985. Each are in the possession of their respective shares. But no mutations were transferred. Property still in my grand father name.
Because of unregistered partition deed, revenue officials not transfering khatas in favour of sons as one of my uncle filed objection notice to revenue department not to transfer khatas.
My uncle objection claims as follows;
1. My grand father made a registered will in favour of grandson (Son of my uncle, who is opposing khata transfer) in the year 1994.
2. Because of that he (my uncle) is not signing for khata transfer as my uncle sign is essential because of unregistered partition deed.
Dear sir, we got the registered will deed through taluk office and noticed some of the things as follows:
1. My grand father in that registered will clearly mentioned that, He given shares to all four sons as per partition deed which took place in the year 1985, accordingly everyone in their respective share positions. These words clearly written in the will.
2. He clearly telling in that registered will, he (my grand father) is going to give his share only got through unregistered partition deed took place in the year 1985 (as per that deed his share is only 1 acre).
3. But while writing in schedule property section of the will. He is mentioned 2 acres of his share he got through partition deed of 1985 (but his share is only one acre)
4. As per partition deed his share boundary (chekkubandhi) different from what he is writiing in the registered will. (This means as per partition deed his share in 3rd place from east, but in registered will he is mentioning 1st share from east, so mismatch of boundaries).
5. The witteness for the will his my uncle only (my uncle signed as a witness, father of will beneficiary).
6. Grandson filed probate case in taluk office (senior division in Anekal). But case was rejected based on... such probate cases not come in the jurisidiction of that court. Again their lawyer challenged in REVIEW PETITION that court has the power to give probate judgement in same court. presently this case is running.
Dear sir please advice me what will be the case position, as my grandfather in his registered will clearly telling, he is going to give his share only he got through partition deed of year 1985. But in schedule property section of the will what he is writiing mismatches with extent, chekkubandi, etc of the partition deed what he is mentioning in the same will. Presently probate case running in court.
n.k.sarin
(Expert) 02 December 2009
You can challenge the will on the basis of partition deed of 1985 and possession accordingly, also on the ground wrongly mention 2 acre his share in the will the most important thing is he given reference about the partition deed in the will. In my opinion will is null and void and share of your grandfather will be equally divided among four sons.
Guest
(Querist) 02 December 2009
Thanks sir for your reply.
Raj Kumar Makkad
(Expert) 02 December 2009
Mr. Mohan! Your grandfather has acknowledge the partition of 1985 and thus has accepted his share only upto 1 acre remaining in his hands after partition. Wrongly in the schedule he mentioned in the same will as 2 acre but this can be got established as a wrong entry and on this sole ground the will cannot be got declared as null and void as all other facts establishes his share. So nothing to worry even if the will is establishes and in that case also only 1 acre land shall go in favour of the grandson of your grandfather (son of your uncle) but it is difficult to prove the genuineness of will.
