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Jagadish (assistant)     30 January 2023

Partition deed

Greetings, Sir/Madam

Our family is Hindu and we have 2.25 acres (105 gunte) of agricultural land in Tumkur, Karnataka. 1 gunte of it is Karab land, while the remaining 104 gunte were divided for 4 people very long ago without any paperwork.

I have few queries below.

1. Out of the four parties, the first sold his share of 26 guntes land and was long dead. But the buyer misplaced his papers, and the Khata extract now only lists the remaining 3 names for the entire 105 guntes of land.

2. We three parties now desired to divide our land into 26 gunte each portions,

Please let me know the next steps, including how to divide the remaining 78 guntes.

Thanks

Jagadish



Learning

 11 Replies

Shashi Dhara   30 January 2023

What  about purchased land  buyer of deceased brother ,who  is in possession  ,if buyer is in possession then all four approach civil court in lok Adalat and divide it  .

P. Venu (Advocate)     30 January 2023

Has the property been partitioned by metes and bounds prior to or subsequent to the sale to the third party?

Who is in possession of the 26 guntas of land that has been sold?

What is the stand of the person so in possession as to the porposed sale? 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 January 2023

Kharab land can not included along with cultivable land in the sale deed and other records. It belongs to the government, which has the powers to take over the land for a public cause.

Jagadish (assistant)     31 January 2023

Shashi and Venu Sir,

Nearly 50 years ago, the first party made an unauthorised sale, and the buyer is no longer alive. However, the buyer's children and grandchildren are still using the property. They assert that the sale deed is actually available, but it is not yet prepared for disclosure or for legal activities. Their names are not available on the Khatha extract at all. If the claim is accurate, is there any chance I might obtain those details from the Taluk office or Subregister?. If not how to proceed further ?

Shashi Dhara   31 January 2023

Obtain E C in subregistrar office of 50 years back or certified sale deed copy in SRO if it is registered .

P. Venu (Advocate)     31 January 2023

You are yet to provide the information as sought.

Jagadish (assistant)     31 January 2023

Venu Sir, I hope I didn't miss anything important based on what I know. I only know that the buyer have using the property since I was born. My grandfather ( 2nd party ) also told me that they brought the 26 gunte land from 1st party. Hopefully, 50 years back they made it through stamp paper without proper registration process and started holding the position. 

EC extract avaiable only after 2004 which is not helped

Let me know if any other questions if i missed something 

 

Shashi Dhara   01 February 2023

If all three wants to divide 78 guntas excluding 24  guntes  of your late brother  then you can  draft partition  deed and register it .

Jagadish (assistant)     02 February 2023

Sir, we choosen to divid all portions of the property equally and change indivaul khatha. Upon request to share the 1/4 of the property or upon the seller's evidence of the rights. We'll execute a sale agreement once more in good faith.

Let me know if this solves our propose or any legal issues ?

Shashi Dhara   02 February 2023

Go to lok Adalat and divide it 1/4 th share each  .

Jagadish (assistant)     02 February 2023

Thank you for the advise sir


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