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B Singh (self)     23 October 2012

Joint property

My father made no will and after his death the property was divided equally to all member of family including my mother. Then my mother expired and her share was also divided equally to all members of family i.e. brothers and sisters.  The property was transferred and mutation entered in revenue records in the year 2010.  Some property situated at different places was sold by all members but one member did not sold his share.  Now one property left in city and one brother filed permanent injuction on the basis of one simple affidavit  attested from oath commissioner  of the year 1990 signed by all member that the property situated at city is given to him. Although this affidavit was not accepted by revene officer and he transferred and mutated the said property on the name of all members.  The permanent injuction is accepted by the court. 

My query is that is such type of family partition valid whereas the said property is duly registered and mutated and duly entered in revenue records in the name of  all members of the family .  Is there any act where any sale / deed after 1987 is required to be registered and valid.  As the distance to attend court is very far almot 280 Kms to & fro at another state and  if approached the SC for transfer of case be a genuine one.  Please guide / help as my elder brother just want to seize the said property on the basis of an simple affidavit procured of the year 1990.

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