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Ranjith K   27 February 2024

Partition Deed and Will Deed


I want to clarify a few of my doubts. Could someone please answer it? Thank you.

Point 1: In 1975, my uncle and his family members did a partition deed. "A" schedule includes his father and minor kids (minor son, minor daughter).
"B" on my uncle's name. All properties were divided, moved to the concerned parties, and started being used. 

Point 2: In 1990, my uncle brother received a "Dhana settlement deed" from his father for a few properties. In this, 
Some of the survey numbers mentioned are from Uncle Property (a partition deed done in 1977). He may have known and unknowingly registered the document, which does not bear his father's name. It was already transmitted to my uncle.

But my uncle brother was unable to transfer the land to his name due to a partition deed already done and registered under my uncle's name.

For the last 45 years, the land has been used by my uncle only.

Question :- 

1) Is the Dhana settlement valid and my uncle brother has any rights?

2) Can we sell my uncle's property, which is on my uncle's name now, in 2024?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

1. Even though the dhana settlement was done long ago, the donee/beneficiary did not act upon it by not taking possession.

It can be treated that the donee didn't accept the settlement benefit.

Besides the property is in possession and enjoyment of your uncle ever since and it is very well known to his brother.

Therefore the possession adverse to your uncle's brother was not objected by him till this date.

Therefore your uncle can claim title to the property by operating law of adverse possession.

Ranjith K   27 February 2024

Thank you sir for your reply..

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

You are welcome for your appreciations.

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