• Partition of land by co-owners in case of separate sale by one deed

In 1995 we purchased a plot of agricultural land and according to deed document highway side half part is our and the remaining half part is of our co-owners' 
NHAI is acquiring one fourth of total land means half of which we own and are cultivating. now we filed a suit of partition under UPRC 116, ( to get full payment of compensation because in khatauni we are jointly registered ) after pre order kura was filed according to deed
but now opponent party wants half of compensation and they are claiming that they are owner of half of total land and filed objection on kura saying partition should be done according to value. 
It is clearly written in the sale deed that road side part is ours and and the land behind it is their, although we both payed equal amount ( ie. half of the total value ) but separately it is also written that seller is selling his land two two parties half half but saperately.
There is no dispute on deed and we are cultivating our part ( roadside ) until now . 
how can we get registered our roadside land saperately in khatauni and how can we get full compensation of half of our part, because NHAI IS acquiring one fourth of tatal land 
and according to deed roadside part is our. 
we have to file a reply to the objection filed on kura. objection says that lekhpal and other officers are working in collusion with us. [deleted] [deleted]
I want to know which acts or sections can help us and what should we do ( reply and further action ) ?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

1) you should in your reply enclose copy of registered sale deed which clearly mentions that land facing road belongs to you

2) hence full compensation of land acquired should be paid to you

3) the SLAO announces the award containing particulars on the compensation payable to ‘persons

interested’ and its apportionment among the various claimants.

4)in the event of a dispute as to the person entitled to receive the compensation or apportionment

among various persons, the matter is referred by the SLAO to the civil court for a

decision

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

under section 44 of transfer of property act co owner can sell his share without consent of other co owners

2)you should refuse to agree to their demand as sale deed specifically mentions land facing road side is yours

3) you have already filed suit for partition

4) court would pass orders for division of land by metes and bounds

5) appoint commissioner for division of land

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Hi

the seller sold his land to two different persons

that sale happened without any partition on record. Though buyer parties by their acts acted upon a virtual partition such that each agreed to take possession of the agreed portion of the land

that is, you agreed to be in possession of road side portion and your co-owner agreed to be in possession of the rear side portion of land

now the moot question is that though the buyer parties agreed in the sale deed as to what portions of the sold land they will occupy, both parties paid the sale price in EQUAL proportions

generally the road side portion should be costlier than the rear side

but in your case it is nobody's case that you have paid anything extra for the road side portion. In fact admittedly both parties have paid equally

had you paid a higher sum than your co-owner, you would be of right entitled to say that the road side portion is exclusively yours and therefore if any portion of that land is being acquired then you alone would be entitled to entire compensation

but such is not the case

on the flip side, you can say that your co-owner waived his right to pay lesser for the rear side portion and chose to pay equally (ideally he should have paid less as the portion of land being given to him was of lesser value being on rearside) and now he is estopped to say that since he paid equally, he has any right over the portion of the land which is in your occupation. If the co-owner paid more then it was at his peril and he cannot take advantage of that fact and now claim compensation for the portion of land which is in your occupation

hope i have been able to explain

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

in your case sale deed clearly mentions demarcation of plot area facing road side in your name

2) when sale deed is clear and explicit other co owner cannot demand front facing plot

3) when terms of contract are explicit it would be binding upon parties

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

If you have been given notice on the basis of the objection filed by them then it becomes your duty to issue a reply notice to them

You can deny their allegations and state that their claim is unjustified and not maintainable in law.

You can produce the documentary evidences to support your claim

You can fight it out on merits.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

so I wanted to know whether an undisputed full owner of a property has right to sell his property to two unrelated persons using one sale deed in which he declares sale in two parts.

Yes if the parties agree for buying the property without dividing it between themselves, then this can be sold to both by separate deeds also even without diving the same.

Even though the other purchaser's claim for an equal share may be justified since you were cultivating the roadside property, then it is deemed that you are the owner of the said property which is under acquisition.

You can fight it out on merits and supporting documents in your favor.

If they want to have a share in your property also then let them approach court with a suit partition and let the civil court decide the claim after hearing both the sides.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

but opposite party wants a partition that generally happens in case of division between two brothers where no other condition exists. but in our case parts are clearly defined. they are quoting section 116 of Uttar Pradesh Revenue Code Rules which says partition between co-owners should be as equal as possible while we think that in our provisions of owelty is not applicable.

This is sale of property by a owner to the buyer.

Hence the opposite party's claim is not maintainable.

i want some arguments against the applicability of clauses of UPRC 2016 according to which partition between co-owners is done keeping in view value of jointly owned land.

how can I SHOW that these clauses are not applicable in our case ? because our part and its location is clearly mentioned in the deed document.

The greedy opposite party is making a vexatious cl;aim which is not maintainable in court of law.

You can take the help of your advocate to prepare a strong argument and then challenge his arguments made in his favor.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1.  What is sale deed doing in the partition deed?

If agricultural property has been allotted to one person and he has sold his share of the property, then there is no legal infirmity it.

 

2.  You can file a petition before SDM court expressing your grievance  and seek relief as per prevailing circumstances.

You can file an appeal against the exparte order if the same cannot be set aside by the same authority.

 

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Since widow and 2 sons were not heard before partition order was passed SDM in interest of justice has allowed widow application and issued you summons 

 

2) order may not be recalled by SDM 

 

3) you can take the plea that restoration application was allowed without hearing you on merits 

 

4) agricultural land can be partitioned 

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

1. No you need a a Registered partition deed for the same.

2. You can review the same if permissible

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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