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shanthakumar   04 September 2018

Unregistered partition deed

Dear All,

My father has two elder brothers, during the year 1996, they came with up agreement in front of village leaders and written a partiion deed which is unregistred. we were allocated with one poromboke land which was in our control (in the deed it is mentioned that the land should be properly obtain patta and registered on the name of my father and other two should take  care of the responsibility)

since its in village we didnot went for a long time and claimed the land.

when we checked few days back , the land was registered in the name of my fathers 2nd elder brother.

when i approached police station , officials said the document was not registered so it is invalid.

is there any chance for claiming our land back from the cheater and cancelled the registrations?

whom should i approach for investigation on this land 

Points to be noted:

1.While at the time of partition the land is a poromboke land.

2. In between time , my fathers brother approached government for HSD patta and registered the land on his name

3. HSD patta is the one which is given for poors those who have no land, but my fathers brother is already land on his name, whether getting additional land using HSD scheme i believe is cheating the government, correct me if i am wrong.



Learning

 3 Replies

Srinivasa Rao Yaramati (advocate)     04 September 2018

you can approach the revineu department to cancel the allotment to your uncle, you have to file declaration along with cancellation suit against your unle, but the burdon of proof lais in your part to proof the unregister partition deed

Kumar Doab (FIN)     04 September 2018

Oral partition has to be proved.

Partition deed should be registered.

Was there any revenue code/rule vide which said partition deed be acce;pted as valid.

All said and done if any legal heir has possesed undue share and/or has obtained any document by concealment of facts/fraudulent act then affected legal hiers have to act and approach revenue authority/court.

shanthakumar   05 September 2018

Sirs pls tell me how can i proove it, those who signed the partition deed as a witness are ready to support me, will that is enough?

can i approach the police station again to prove the originality of the partion deed, so that they will enquire the witness and record the originals?


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