Is there any way to undo the partition which is done unfairly
We are 4 brothers are 3 sisters. After the demise of our father our sisters had gifted their share of land to all of us. Now we brothers wanted the partition of our share equally at all locations. Our eldest brother had passed away 15 years ago. So we are three brothers now. The children of our eldest brother had sold 80% of their share. They had their possession at all 6 location. We 3 brothers had a mutual understanding that we'll use the combined share at each location for the agricultural use only and when partition will be made we will take our share at all locations equally.
We had a mutual consent on this because we have our land facing on the National Highway and that land has five times more value than the land at other locations. We decide to have our different khewat by filing a partition suit. Our now eldest brother filed the suit and me and my elder brother(i am the youngest) had given our consent for that. We both had great trust on our brother that he'll make sure the equal distribution of land at all location and especially the land on National Highway. After that we had signed just 2 times on the blank paper at home which are shown as our presence during only 2 hearings out of 28. We never went to court or anywhere after that. The suit was filed in June 2015 and We kept asking our brother about the Khewat or partition he kept on saying that it is not done yet. In December 2017 he showed some suspicious activity and when we enquired about the case we came to know that partition was done in February 2017.
Then we got the case file from records and it showed that "snand takseem, naksha, bayaan,jawab, intkaal" everything was done and the land facing NH was entirely on His(now eldest brother) name. He has become the owner of that land which has five times more value than others. Our eldest brother had already taken his share at that location long ago and that was sold by his children after his death. So bascially now we two younger brother are the person who have not gotten the land facing the NH and our now eldest brother has eaten our share at that particular place.
We didnt have a clue till December. Now we dont know where to approach or where to appeal as it has been more than 11 months already since February 2016. Please suggest me if there is any way that we can get our land on road. Thank you.
Asked 7 months ago in Property Law from Sonipat, Haryana
You have duly signed documents relating to partition of land by metes and bounds
2) preliminary decree of partition must ha e been passed . Later commissioner appointed for demarcation for division of property by metes and bounds
3) if you are aggrieved by final decree passed file appeal against partition decree
4) make out a case for condonation of delay in filing appeal
1) As you stated you have trust on your elder brother and due to this trust you means other 2 has signed on blank paper. Your elder brother took opportunity of this and filed a partiton for all land in the grampanchayat office.
2) All this the 11 months time has been passed away and they have sold maximum land of national highway side.
3) Check how many land portion is remaining from National Highway side land and try to take stay on sale for that particular remaining land.
4) See how only your brother's name has been registered on National Highway side land.
There is option to cancel the partition deed if it was made unfairly
First u have to prove it was unfair
Then file a suit for cancellation of partition
As you stated that due to trust on your elder brother blank paper was signed but the said brother by playing with that blank paper got the said order in his behalf .Which means he has favourable order by playing fraud.So you can challenge the said order on this ground. File an appeal to set aside the said order and give the reason of delay that you have got information of the said just now.
AND also you can file a case for cancelling/declaring the said Partition order as Null and void.
Now the problem is that they have sold maximum land of national highway side.You can pray for compensation for the sold lands in your Decelerator suit/appeal .
Further file an Injunction suit to stop further transaction with anybody till the time of your hearing .
1. Since you were a signatory to the said document whereupon it seems that a consent decree was passed by the court the only remedy for you is to file a suit for declaration in the civil court to declare the decree as null and void on the ground that it is obtained by fraud.
2. The onus to prove fraud will be on you.
It is not our eldest brother who did all this to us its our now-eldest or 2nd eldest brother who has taken we two younger brother's share at that location on NH. Our eldest brother had gotten his share at all locations 20 years ago which they(his children) had sold later. That is not an issue he sold his own share not ours.
Now our 2nd eldest brother did this fraud with us and we two younger brother didn't get the land on road. We approached some advocates and took their advice and as per their advice its not clear that this partition can be undone. Some of them said that we should file a suit in civil court while some of them are saying that 11 months has been passed since partition was done in Feb 2017 and now only Financial Commissioner can hear this case. And if FC also rejects our appeal then we can move to High court.
Please suggest me the right procedure which can be followed as we are in middle of nowhere.
Asked 7 months ago
If you want to have proper advise from anybody on this portal on an issue like this then share with him all the documents pertaining to the partition. Unless the documents are perused threadbare nothing can be said.
1) apply for and obtain certified copy of final decree passed by trial court
2) then file appeal against said order before HC
You have to challenge the decree in suit if any drawn by court against you. Your limitation has ceased you need to file condonation of delay application in the said case.
1) As I said earlier you have to take STAY on that particular HIGHWAY side land for any further activities, like to built,sell or even for use of personal use till your problem is sorted out.
2) secondly I stated as elder brother means you have to read as 2nd number elder brother.
3) Now you filed case with Financial Commissioner and tell them you came to know this issue only two days before. And narrate all your problems and what he said and how he had cheated to you.
Refer to : The Land Acquisition Act, 1894.
You collect the details of the case that was disposed in your absence in favor of your brother.
Engage an advocate and file a set aside petition to set aside the exparte decision given against you.
Participate in the partition suit and fight for your rights for an equal and fair distribution of property among the share holders by a proper partition considering good and bad soil and metes and bounds equally to all the shareholders.
This the proper and legal step that you can take now otherwise you may not get justice if keep trusting and having blind faith in your wrong doing brother.
If your brother who is reportedly done this fraud on you people had done this through the land revenue department, you can approach the civil court with a partition suit claiming your rights for a proper, equal and justified distribution of properties among the shareholders by partition through court.
Partition suit through court only will fetch you fruitful results.
You may ignore the decision by the so called financial commissioner or the land revenue department/Tahsildar/Collector/District magistrate. The solution for this lies with the civil court and you may approach the same for justice, relief and remedy.