Silpa (Post graduate) 15 August 2016

Ancestral property wrongly partitioned for sale

Case:

There is an ancestral property that was partiotioned already in "pramanam" with the dimensions specified.But the head surveyor measured land different than the specified land in "pramanam".He just gave a hand written document(a white sheet) with his signature(with no seal) that the land can be sold to a third party and all the issues have been sold.Please answer the questions below:

1.i)Do you think the document(white paper with the head surveyor signature) makes the land eligible to be sold to a person?

ii)If this is not ok,how can we convert the land into our name in a proper manner.What all is required to prove that the land is ours.

2.To which higher authority should we give to get the correct land(already informed this to the head surveyor ,but he is not ready to do it due to the influence of some others)?

Kindly help.It is a widow's land .She donot have the finance to go for a court case.She already went to legal adalat.She inherited the property from her father(who is no more).

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5 Replies

P. Venu (Advocate) 15 August 2016

The posting lacks clarity. No meaningful suggestion is possible until the 'pramanam' is perused. If the partition has been carried out thorugh a registered partition deed, the property is no longer ancestral.

GANDHI MOHAN BHARATI (Pensioner) 15 August 2016

I agree with Shri Venu. No clarity. If it was divided bt oralpartitio & if you mean that the Memprandum of Understanding to reduce the oral partition, and if measurements have been clearly mentiones, mutatation (Pattas in Tamil Nadu) ought to have been obtained to establish claim. Wrong Survey can be corrected by approaching the Revenue Officials.

With what is available, I have given my opinion. Consult a lawyer.

Silpa (Post graduate) 15 August 2016

Thanks alot for the reply P Venu Sir.

The posting lacks clarity. No meaningful suggestion is possible until the 'pramanam' is perused.

Ans-There are 5 daughters and the father wrote pieces of land for each.In it the dimensions (eluka) are also mentioned in the document.The current case is about the youngest of the daughter(60 years old now).The head surveyor was given request to measure and confirm the land.In the pramanam it is specifically mentioned that the house(tharavad) and the adjoining land(a total of 11 cents) is for the youngest girl(5th daughter).But now the problem when the 5th sister was away for a few months,the eldest sister disconnected the electricity and took down the house and sold everything in it.But there are still remains of it.The elder sister is a rich(her sons in London etc and is also a pensioner) and adamant lady whereas the youngest(5th) is a widow and is struggling for her daily needs.

My question is can the land be sold to a third party without any problems?(the head surveyor measured land other than mentioned in the pramanam).Hope its clear sir.Thanks a lot for the help
Also what is a registered partition deed?How can it be done?

Kumar Doab (FIN) 15 August 2016

Agitiate against wrong demarcation and sale.

You may consult a local lawyer specializing in revenue/property/such matters.

P. Venu (Advocate) 15 August 2016

I am still not able to follow the matter. What is the role of the 'Head Surveyor'? It appears the property is in Kerala. If you are near my place (Vaikkom, about 30 km south of Ernakulam), you may get in touch with me.