Cancelling partition deed by partition suit

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The partition deed effected in the year 1982 cannot be cancelled now.

The partition affected in the year 2019; also cannot be cancelled.

However a registered rectification deed can be executed effecting a fresh partition among the three brothers to divide the 25 cents of property equally among the three in the name of rectifying the previous partition made in the year 2019.

After which a fresh sub division can be made for the new extent of property to each of the three.

It is not necessary that partition be equal in area. There are many other factors relevant such as location, accessibility to main road etc. 

Furthermore, the facts posted are less than convincing. How is that only share has been subdivided? Who is the surveyor involved? To my knowledge, a surveyor has no authority to grant or reject application for patta.

The firka surveyor rejected our patta transfer application saying the land measures less compred to what is mentioned in patta. Thats where we came to know about these details sir.

The government surveyor is not an authority to issue Patta.

The tehsildar only can issue or refuse with some valid reasons.

Even then you can file an appeal against it before district collector for remedy.

Actually your problem is different which you are not revealing here.

Hi Sir.. The problem is patta has 60 cents so brothers X and Y registered partition deed in 1982 for 30 cents each. till 2019 it was a combined patta. Only in 2019, Y got a subivision patta for 30 cents. Then X died and three sons of X registered for partition deed to share 30 cents of X. One of the son of X got subdivision for 10 cents as mentioned in the partition deed. When second son of X applied for patta, the surveyor mentioned in the field only 15 cent is available. If i give 10 cents patta to you, the third son will get only 5 cents instead of 10 cents which is mentioned in the partition deed for him. So, the surveyor and tahsildar rejected my application. So we checked with the person Y mentioning this issue that only 55 cent is available in the field, so you take 27.5 instead of 30 cents, the other 27.5 cents we three (sons of X) will share. But Y is not agreeing for this.

You may please note that the Patta is not a title document.

If the original registered title document states 60 cents as total extent then you may find out how and where that 5 cents went missing?

Did you get the other portion of property measured and found that it was only 30 cents and not 35cents.

If you are able to get the Y to agree for giving away 2.5 cents to you, then also the problem will not solve because one among you has already got 10 cents out of sub division, hence he has to surrender his share and should seek for sub division among you three with equal share for all the three.

You may first of all ascertain the details, identify the problem then only you will be able to find a soultion to the problem instead of going for a misguided wrong route. 

Better consult an experienced lawyer in the local and proceed as advised.