• Land partition deed among brother

My grand father has 5 acres of land.His sons divided 5.1 acre of land(not 5 acres).Is partion deed is valid?.can we go for court asking for re-partion of land?
Asked 4 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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11 Answers

Deed of rectification has to be executed to rectify mistake in area of flat

No need to file suit for re partition of land

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Please note just get a rectification deed done in the concerned sub registrar office by paying necessary fees no need to go to court unless you want to raise partition suit if you are not happy with share allotted to your father.

You can ask for repartition only if the property has not devolved by any means to your father and his brothers in that case it will be still in nature of ancestral property and if you want to raise dispute of share allocation then only it's advisable to approach court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See a simple retification deed can be executed to correct the mistake.

Further it has to be look into how come they divided 5.1 aceres instead of 5.

See if your intent is to raise dispute in partition then deed can be challanged otherwise rectification can be executed ans registered and it will be valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. No need to go to court

2. you can simply execute a rectification deed to rectify the error in the partition deed

3. the shares of the sons will stand rectified by the rectification deed

4. get the deed duly registered

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

You'll have a execute a rectification deed, in order to rectify the mistake in the partition deed. Also, make sire that you get it registered in the sub registrar office.

You can file for repartition, but it is not required in the given scenario, just a rectification deed would suffice.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Sir,

You can always go to the court on several grounds. The above ground of mis-description is a valid ground for re-partition. You may pray as follows:

=======================================================================================

PRAYER

WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.

a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th share.

b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908

For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.

Appellant No.2

Through

Advocate

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

From where .1 acre came ? Just writing mistake in partition deed or actual possession of 5.1 acre.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If there was only 5 acres, then this 0.1 acre extra land is nothing but an encroachment.

If all the parties to partition agree for rectification, a rectification deed may be executed to rectify the error in the partition deed.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Yes, You can go in he court for re partition if your are not satisfied.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If your grand father had only 5 acres and his sons by mistake entered into a partition of 5.1 Acres, then you all can jointly enter into a rectification of partition deed already executed by your respective father. If this rectification is not consented to by the other members of the family, then you will have to approach a civil court and seek re-partition.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

On what basis. How can the land be divided more than what it is in actuals. You need to have a strong ground for challenging the same. Limitation part has to be considered

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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