cpc

mutual division of property


There were six parties (sisters) who inherited a plot of land from their mother after her death through inventory proceedings in civil court. The six parties prepared a plan of sub-division and picked lots to decide the allotment of plots. All six parties then signed the original plan of mutual sub-division as shown below:

Plot No.
Name
Sign.
B Vera signature
C Rene signature
D Luiza signature
E Cintia signature
F Silvia signature
G Vina signature

All parties accepted the sub-division in good faith and have been in posession of their officially undivided plots for the last 8 years.

Presently, one of the parties has applied for partition of her plot. on receving notices, Three of the other parties have raised objections  and have stated that the sub-division was discussed and signed at home and as such the plan has no validity in court.

I want to know, does the document showing sub-division of plots (plan) and the signatures of persons consenting to the sub-division have value? Can it be produced ion support of the party seeking partition?

Pls. offer advise?

 
Reply   
 

Your earlier document registered or unregistered. If registered that is valid.

un registered not valid before court of law.

 
Reply   
 


Advocate

Dear Raul,

 A family arrangement is valid in a court of law. You will have to show the proof of your independent possession for the period of 8 years and the agreement signed by the parties.

 
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