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H.JanakiManohar Rao (lawyer)     06 August 2010

Property re-partition after 20 years

Dear Sir/Madam,

Our brothers have partitioned the property in 1991. We did not register the mutations. They were running in the old names of our mother. Some of the brothers have sold part (or whole) of their property in the past years. Now, the value of my part has grown exponentially over the years. After 20 years, my brothers want to regather the whole property (that has been partitioned in 1991) and re-partition again as they feel that the property that was given to me was considered non-commercial then and now it has become commercial. 

Question:

1. Is it legal to re-partition property after 20 years of possession , maintenance and enjoying the benefits out of it?

2.  I do not have my name in the revenue records as the owner of the property. However, I have sold part of the property as the sole owner. Also, I have taken an agricultural loan with this property as collateral. Will these documents serve as proofs of my ownership, in the court of law?

Your answers will help me a great deal in coming out of this ordeal. Please advise.

 

Regards

P.N Chetty.



Learning

 2 Replies

vimal charles (junior)     06 August 2010

you will have a registered partition deed or a decree of court.. thats the way u partition a  property... thats ur title to the land... there s no question of repartition unless it was not partitioned without all the legal heirs participation...

krantiveer (Advocate)     07 August 2010

You can't sell family property without entering your name in the revenue records, so banks giving loan on it is something weird. Partition done for cultivation and for sale is something diffirent, courts may have different views on it. It can be cleared only after observing the papers thoroughly.
 


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