Sweet Sweet 09 May 2025

Partition deed land has area less than what is mentioned in patta

In a patta the area is mentioned as 60 cents. So, two brothers registered the partition deed for 30 cents each. Younger brother got subdivision patta done for 30 cents. When elder one tries to get patta, the land is measuring to only 25 cents. The surveyor measured the entire survey number but 5 cent is missing. When the elder one checked with younger brother to see if they can split what is there in the land the 25 cents, he is not agreeing. Could you please let me know what can be done? Is this not the mistake from survey and revenue department? are they not the responsible for solving this problem? Please help me on the next steps.

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11 Replies

T. Kalaiselvan, Advocate (Advocate) 10 May 2025

It is your mistake for not surveying and demarcating the property before effecting partition.

Even now you can file a suit for partition to divide the property equally by cancelling the partition deed and allot one such equal share to you.

R.K Nanda (Advocate) 10 May 2025

Cancel partition deed.get land measured by government surveyor and then get fresh patta from patwari of your zone and partition it equally by fresh partition deed

Sweet Sweet 10 May 2025

Originally posted by : R.K Nanda
	Cancel partition deed.get land measured by government surveyor and then get fresh patta from patwari of your zone and partition it equally by fresh partition deed

Thanks for the reply sir. The other party is not agreeing to cancel partition deed. What can be done in this case?

R.K Nanda (Advocate) 10 May 2025

Then file partition suit in court.

kavksatyanarayana (subregistrar/supdt.(retired)) 10 May 2025

Yes. file a partition suit in court.

Sweet Sweet 10 May 2025

Originally posted by : R.K Nanda
	Then file partition suit in court.

Thanks Sir.. Will I get 100% success if I file partition suit? May I know how long it will take and amount involved in this sir? Please help.

T. Kalaiselvan, Advocate (Advocate) 11 May 2025

The legal opinion is to file a suit for partition as per procedures of law.

The proper conduct of case by your lawyer may provide you the desired relief.

The expenses for litigation including lawyer fees can be enquired from the lawyer you may engage.

P. Venu (Advocate) 11 May 2025

You have already posted a query with slightly different facts vide the thread https://www.lawyersclubindia.com/forum/cancelling-partition-deed-by-partition-suit-237789.asp.

Are you setting question paper for us?

Sweet Sweet 11 May 2025

Not like that sir. I am much confused on how to ask questions. So I started with the issue first and after that got so many questions. Thats why submitted a new post with details.