ankit garg 03 February 2022

Sub registry of partioned land.

I have a land which is divided between three brothers with a single registry of whole land in favour of three. The land is mutated in three parts in 1996 under nagar nigam and each one gets its own property tax and water tax bill.

Can i get my part of land registered in my name as it is mutated in nagar nigam only?

Secondly my brother is claiming my part as his own and claiming that the mutation done is wrong? Can he claim my land?

The land should be divided equaly but there is small difference about 50 sq ft.

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Quick Summary

This discussion addresses a situation where land is jointly registered but mutated into separate parts for three brothers, each paying individual taxes. The core question is whether a brother can get his specific portion registered solely in his name, especially when another brother is disputing the mutation and claiming parts of the land. The advice suggests filing a partition suit in civil court to legally divide and register the land, which will settle claims and ensure equal distribution, even with minor discrepancies in area. Alternatively, if all brothers agree, executing and registering a partition deed is recommended to avoid legal costs.

4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 03 February 2022

Hello,

You can file partition petition in civil court. Court will decide the claim of all the parties and partition the property.

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Aryan Raj 03 February 2022

In response to your query,

A suit for partition in issue can be filed by any or all of the property's co-owners. It is not necessary for all of the heirs to collectively join in a partition suit if there are multiple heirs and none of them are willing to file a partition suit.

Therefore my suggestion to you will be to file a suit for partition and don't worry about your brother trying to claim you part of the land he won't succeed if you have all the proper legal documents.

Regards,

Aryan Raj

1 Like

Dr J C Vashista (Advocate) 04 February 2022

Well analysed and advised by experts, I endorse it.

M V Gupta (Advocate) 04 February 2022

The problem seems to have arisen because you have not executed the partition deed and registered it. Even now if all of you brothers agree execute a deed of partition and avoid going to the court and spend your valuable money and time. If all the brothers are not able to reach an agreement then there is no other way than approach the court.