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Partition of land between two brothers

Querist : Anonymous (Querist) 17 July 2022 This query is : Resolved 
Respected Sirs,
I am Bharat Kumar from Bihar. We are 2 Brothers. We have one Land and some construction inside it. My elder brother (having three sons) settled his Elder son in that small building in that land some time in 1990. In 2020, we two divided the Land in two equal areas. the constructed small house was taken by my elder brother. Accordingly a Partition deed was written by one KATIB got signed by we two brothers and TWO sons of my elder brother as witness. (Elder son signature was not taken, as KATIB told that only two witnesses are required).The Document were submitted online for DAKHIL- KHARIJ. After six month, I found it has been done by Government.
My elder brother expired on 9th December 2021.

Now the Elder son is not vacating my portion of land, where some Godown is there. I want to rent out the Godown immediately.
I have a query whether he can go to Court that his signature as witness were not taken on the PARTITION DEED? Can he force me to change the allotment of land in Partition in the vice versa / REVERSE; as the side given to me, he wants to take and the other side he want to leave?
The Anchal Dakhil-Kharij has been done. This is not acceptable to me.
Kindly suggest me.

kavksatyanarayana (Expert) 17 July 2022
Though the first son of your late brother did not sign the document, it is not a problem as the partition deed was registered. Your brother's share of the property devolves to the legal heirs of your brother.
Querist : Anonymous (Querist) 18 July 2022
So, now if the elder son can not make any changes through Court even if he likes to change the plot allotment? Am I right?
Querist : Anonymous (Querist) 18 July 2022
So, now if the elder son can not make any changes through Court even if he likes to change the plot allotment? Am I right?
P. Venu (Expert) 18 July 2022
Legal heirs to the brothers cannot question or dispute the settlement finalised among those brothers. It is of no consequence that some among the legal heirs had 'witnessed' the document.
Querist : Anonymous (Querist) 18 July 2022
Thanks Sirs for your kind consent.


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