Upgrad LLM

Partition by Karta of HUF

This query is : Resolved 

28 August 2009

A partition deed was executed by the karta of family between three brothers in the year 1957, the land was divided between three brothers unequally. The partition deed was registered. Later one of the property in the name of karta was showing the name of Karta as Ekatra Kutumb Manager even afetr division in 1957 upto the year 1992. On his death in 1992 the leagl heirs of Karta got their nmaes registered in the records. Can the lagal heirs of other brothers be registered in the property name. Is there any provision to delete the name of Ekatra Kutumb Manager from the records, whether the legal heirs of the other two brothers should have been contacted while the name of Karta, is ther any decided cae law on the matter

sdkharadkar (Querist)
28 August 2009

kindly let me know urgently that whether a status granted in civil suit pending before the Civil Judge Can be vacated, What are the norms for converting the same into total stay upto the suit is heared. The plantiff has submitted all the proofs related to the matter, including some information recd under Right To Information Act , the judge has ordred a status quo, now court is going to make an order on the subject.

If stay is not ordered what are the remedies available, can an appeal be made in Dist Court? What is the time limit , Stamp duty etc ?

Harinarayan R. Tripathi (Expert)
28 August 2009

In my view I say that there may be some typographical mistake in the revenue records by which the effect of Partition Deed has not been taken or the Partition Deed was not properly registered with the Sub-Registrar. After checking the revenue records and other documents incidental and in relation thereto the final outcome is possible. In case of typographical error you can make an application, alongwith true copy of registered Partition Deed, for getting revenue records updated.

I hope this will meet with your requistions.

Y V Vishweshwar Rao Online (Expert)
28 August 2009

To make it clear- in 1957 Partition Under regd Deed - in Three Shares - Three Brothers

Each brother is the Karta of his Unit -HUF - He and his sons

Accordingly the lrs of Brother ( died in 1992) are entitled to get their names mutated in respect of their father proerties which they got udner Regd Partition deed in 1957

The reference of Ekatra Kutumba Manager can be taken as Kartha of his branch of HFU Unit ( Brother and his sons )

There is no requirement to inform the other brothers or their sons/lrs at the time of mutation of the (1992) brothers lrs mutations

A. A. JOSEOnline (Expert)
28 August 2009

I agree with Mr.Rao

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