• Survey number or land identities? Which is valid?

In 1943, My grand father(A) bought a land of extent 1.80 acres in his name from his self earned money. In 1947 the land was shared among with his 2 brothers(B,C) by a unregistered family memorandum. The land has 4 survey numbers (1,2,3,4) with 0.75 acre in 1 , 0.45 acre in 2, 0.37 acre in 3 and 0.23 acre in 4. The 3 brothers divided the land has 0.46(0.30 + 0.16) for A, 0.46(0.30+ 0.16) for B, 0.46(0.30 + 0.16) for C without mentioning which survey number goes to whom and also leaving the 0.42 acres unmentioned.

In 1949, C sells his part of share with survey number 1 ( 0.31 acre) and survey number 4 (0.17 acre) but showed the land identities of survey number 2 for that 0.17 acre. 

Earlier in 1947, C had mentioned in a leasing document that his share was 0.30 acre in survey number 1 and 0.16 in survey number 2.

In 1963, B also sells his share of 0.16 stating survey number 4, but showed the land identities of survey number 2.

In 1990,the first buyer from C sold the land(0.17) to another person but with survey number as 2 as shown by the land identities.

Later all the buyers and sellers deceased , the heirs of B and the heirs of first buyer from C occupied the survey number 4 stating their parents sale to others wont be valid. 

Survey number 2 is also occupied by the buyers, as they were shown the land identities of that land.

Please find below the queries I have, regarding the above dispute

1. What share does A gain from the unregistered family memorandum?
0.46 acre or 0.88 acre(0.46+ 0.42 )
(Note: 0.42 acre unmentioned in family memorandum, and property being in A's name.)

2.Which will be considered in selling of properties?
Whether survey number mentioned or identities mentioned?

3. Do B and C have the right to sell more than 0.46 acre?

4.If not so then, Can others property be sold by just having their signature in evidence column? 
(Note :C sells his share stating as 0.17 acre and 0.31 acre with A's signature in evidence column, while only 0.30 and 0.16 are mentioned in the family memorandum)

Please kindly clarify, which selling and occupying are valid, invalid and How should I proceed further?

Thanks in advance.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) memorandum of family arrangement would be valid . if however actual division of land has taken place by metes and bounds regsitered deed is must

2) it is necessary to peruse meorandum of family arrangment and other documents cited by you to advise

3) A would have 0.46 acres as per memorandum of family arrangement

3) 0.42 acres would be A absolute property as he acquired it from his own funds

4) survey numbers would be considered for sale of properties

5) B and C cannot sell more than their share ie 0.46 acres

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. A's share in the property shall consist his own share of 0.46 acre and a share out of the balance undivided share of 0.42 acre

2. The survey numbers have to be sorted out based on the property documents each possess.

3. It does on the recital made in the family arrangement.

The said memorandum to be seen for a proper opinion in this regard.

4. All the documents related ot this issue are to be scrutinised for rendering proper opinion hence you may consult a local advocate in this regard for an opinion in person.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1) if title of property is in your grandfather name obtain legal heir certificate for mutation of land in name of legal heirs on basis of death certificate of grand father

2) if any objection is received for mutation of property file sdeclaratory suit in court for declaration that you are the owner and for eviction of trespassers

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

If they hold the possession of property and have patta for more than 30 years, then they can very well perfect the title by operating law of adverse possession.

Though the title document is still in your grandfather's name, nobody bothered to drive them away from the property so far on any basis, hence it becomes an adverse possession to them.

Therefore it may be difficult to retrieve the property at this stage.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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