SK 04 July 2022

Partition suit

I have 1 Brother and 2 sisters. Myself and my brother shared our 10 acres land equally in 1997 which was not registered but. We made a mutual partition only. Then the mutual partition was properly registered in Feb 2007, but due to ignorance we did not mention about the earlier mutual partition(done in 1997) in the said registered partition.

Relying on the mutual partition, I built a house in my share of 5 acres land in the year 2004 and developed the property with permanent crops, say coconut trees since then.

My brother being an employed person, did not care about the property allotted to him.

Unexpectedly, our sisters joined together and filed a partition suit in Nov 2007.

Since, the partition was properly registered only after the passing of Hindu succession act,2005; The property was identified to be undivided before passing of the Hindu Succession act,2005 and made my sisters eligible for right of equal share in the 10 acres land.

Now the issue is, my sisters are claiming the share which was developed by me and where I have built a house.

Out of the said 10 acres land, I have developed 3 acres of the land with permanent crops and built a house for my survival.

I understand, I can claim only 2.5 acres of the said 10 acres land But Kindly help me in protecting my house and the coconut trees developed by me for my survival. How can I get that particular share to be allotted to me.

I am 70 years old now.

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3 Replies

G.L.N. Prasad (Retired employee.) 05 July 2022

The partition can also be oral and in writing. Let them approach the court and defend your case with such written partition deed.

Mahi Manchanda 06 July 2022

Hi,

Since contracts or partitions can be done orally or in writing, you can approach the courts to plead your case. If your sisters are eligible for the land then they will also plead their case and they can be given the land you are using as their claim is valid. They can even file a declaration suit for the property. It is upto the court whether or not you will be allotted that area.

Have a good day.

P. Venu (Advocate) 15 July 2022

The posting is totally silent upon how the property has devolved upon you and your brother? How is the provisions of 2005 amendment to Hindu Succession Act applicable in the present facts?

In the absence of vital facts, any meaningful suggestion is impossible.