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Sachin1976 (Engineer)     01 August 2016

Partitioned house on a partitioned land

Dear Sir/Madam

My grandfather had about 20 acres of agricultural land. After my grandfather’s demise 32 years ago, the land was divided into 3 parts among my father and his 2 younger brothers through oral partition. The house (in which they lived for the last 50 years) which was situated in one of the parts of the divided land was also partitioned into 3 parts through oral partition. The same was also documented in the presence of witnesses. However, the partitioned house needed to be made non-agricultural in due course of time, as per the text in the partition document, however this was not done by any of the siblings or my father and they continued to live in or use the partitioned houses. One of the younger brothers of my father expired 25 years ago. Now, my cousin (son of my father’s younger brother) claims that the entire house belongs to him as it is situated on the piece of the land which was allotted to his father. Is this claim valid?, considering the fact that the house was also partitioned into 3 parts among three brothers? Request your legal opinion.



Learning

 10 Replies

Kumar Doab (FIN)     01 August 2016

Oral partition has to be proved.

The oral T&C as per your post were documented in presence of witneses.

The document can be at least MOU.

 

Try to solve amicaby.

If claim lands in court of law, court shall partition as per due share/MOU, as deemed fit and on merits.

If amicable soution is possible, register the family agreement.

However before you proceed on your own show all docs on record to a very able counsel specializing in revenue/property/family/civil matters.

 

 

1 Like

Sachin1976 (Engineer)     01 August 2016

Thank you so much for your reply.

Kumar Doab (FIN)     01 August 2016

It is good to see that some querists do come back to thank the members/contributoes/experts.

 

Kumar Doab (FIN)     01 August 2016

You are welcome.

Sachin1976 (Engineer)     02 August 2016

Dear Sir, I have a follow up question. The above partition deed was on a plain paper, however it bears the signature of 5 witnesses, who are the prominent persons in the village. We also have the separate Utar/RTC for the house as well as the land and also paying village panchayat taxes separately. The partition was done 28 years ago and was done as per the prevailing practices/rules during those days. Can this be challenged now in a court of law?. My cousin is claiming that the partition was not done properly, whereas the same was accepted and signed by his father (who is expired now) and other witnesses. Can a court consider this appeal? and on what grounds?

Kumar Doab (FIN)     02 August 2016

The son of deceased father if not convinced, can doubt it.

If his contentions are not accepted amicably and within the family then he can approach court.

After all 'Court and State' is 'Parens Patriae'; Parent to the nation.

 

 

Have you consulted a very able counsel, as already suggested?

If,yes, what is the opinion of your own counsel?

If NO, as already suggested  before you proceed on your own show all docs on record to a very able counsel specializing in revenue/property/family/civil matters.

 

Prefer a registered family agreement. Therafter there shall be NO litigation.

 

1 Like

Sachin1976 (Engineer)     02 August 2016

My cousin had challenged the partition in village panchayat, who did not accept his claim. Now he is challenging in Taluk panchayat. We are in the process of finding a counsel, will show the documents to him/her and will post the his/her opinion. Thank you.

Kumar Doab (FIN)     02 August 2016

You are welcome.

Murali Krishana (self)     02 August 2016

Hi Kumar sir,

You are very active and quick responding member. Thanks for your help as social interest..

Kumar Doab (FIN)     02 August 2016

Wish you the best.


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