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Thirumurugan (System Engineer )     31 March 2013

Land partition issue

Hi Team,

After googling I got this website. My Thanks to Lawyersclubindia.com, given an opportunity to explore my Land partition issue. Hope I get a good solution or suggestion here.


We are three brothers, two sisters, mom and dad.  Iam Younger and elder is  working. Another brother not stuided well and took care of lands with father.

In Year-1991, father has divided his land 3 part equally to us , but registration was not done till now.  My portion of land taken care by father. And both brothers separately taken care by their lands.


Father passed away on Feb-2013.  When he was alive, brother, who was in home got "settlement deed"( I and elder brother has no idea how the settlement deed written and what are all properties included in it. The settlement deed happened by compulsion)  from my father and taken my portion  of land as lease from my father without our knowledge.

Now, Brother who is in  home , given his portion of land and my portion of land as lease to 3rd party.

Here, my question is :

1) Is there possibility to do proper registration of  my  portion of land ? and my elder brother's portion of land in his name?

2) Is there possibility to do proper registration of  my  and  elder brother's portion of land in his name  with help of my mother?

3) What is the next step legally, in case , brother who is in home not ready to come for registration?

4) Is there any option to avoid giving lease my portion of land to 3rd party?




 2 Replies

Kishtaiah (Advocate)     31 March 2013

Dear Thirumurugan garu - The issue in your case is not that of  Registration or lease.  Since nothing what transpired during life time of your father is reduced to writing, everything starts afresh as per law following death of your father.  All five of you children of your father along with mother get your equal shares out of the total property left by your father.  You can now get a family settlement made afresh with signatures of all of you or you can get it partitioned through court.  The purported settlement during life time of your father with one of you three brothers is of no legal sanctity and is not binding whatsoever.  Try mutually a family settlement with required adjustments, if not as per law.  However, seniors will further enlighten you in this forum.

1 Like

Thirumurugan (System Engineer )     01 April 2013

Dear Sir,


Many Thank for your reply. Got an idea.

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