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fayyazz (officer)     14 October 2014

Partition deed signed only by 2 instead of 5 legal heirs

Ancestral agricultural land in Maharashtra in the name of eldest brother who quietly partitioned it with another brother Thus only 2 legal heirs entered their names as holders of half half land.  The partition deed was done on Rs 1,000/= stamp paper and signed by both and also by 2 witnesses but it was not registered with sub-registrar.  Still the village Talathi mentioned in the 7/12 that as per Partition Deed the land is divided half half in both parties names. Nobody knew about this partition deed for more than 10 years. Suddenly 3rd legal heir came to know that his father's land is now in 2 brothers name as per partition deed and remaining legal heirs have been simply ignored, who have never given any consent or signed Rights relinquishment  letters.

1- Its ancestral land, there are 4 brothers and 1 sister who are legal heirs of late father.

2- Partition deed not registered.

3- Talathi changed the 7/12 and made mutation entry that as per partition deed it is half half for 2 brothers.

Can it be challenged in court?

Can Talathi or Mamlatdar be made party to civil suite, that partition deed is invalid as all legal heirs have neither consented nor signed the partition deed?

Can the mutation entries be reversed that it was wrong and there are 5 legal heirs instead of only 2 and the deed was not registered.

 

 



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 1 Replies

Anish Thakur 7018812737 (advocate)     14 October 2014

As per Hindu amendment succession act 2005 if property is self acquired and father has not left any wiff then property will be divided equally among all children including sons and daughters and if wife is alive then she will also get one equal share.

Illegal partition deed mean not as per law even if registered is liable to be cancelled , so if any other legal heir challenge that partition the partition is liable to cancel . But in case you have 10 years late so file suit mentioning fresh/latest cause of action.

Yes you can challeneg it in court and all enteries are liable to cancell and corrected. You have to file suit for declaration of partition ad entries mutated in favour of those two as null and avoid alongwith suit for partition and posession of share.

Feel free to call or send mail to anish1948@gmail.com if you have left any query in this reagrd and dont forget to click on thank you button before profile if you are satisfied with valuable free advise.


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