deed of partition should be executed between your father and uncle for division of property by metes and bounds
2) it should be duly stamped and registered
3) mutation should be done on basis of partition deed
Family division of property
Hi. Some years ago,my father and his brother bought a land jointly and we used to live together. Now this land is divided by a written panchnama that states the acceptance of division of land by my father and his brother. We have built separate houses in them sharing the same boundrywall. The original documents are in the possession of my father's brother and we have just the Xerox copies of land and panchnama document. So my question is should I be worried that my uncle's family might do us some harm in future as they have all the original documents, provided the relationship is not good between us anymore. If yes,how and how can I safeguard our family's interests?
Asked 6 years ago in Property Law
Religion: Muslim
10 Answers
See since father is co-owner of the property and there is panchnama made and also possession is there accordingly there are least chance they can do any harm. Though if uncle is ready you can make a registered partition deed and register it with sub-registrar office. If not ready then a suit can be filed before the court.
Also in the revenue records mutate name as per partition between father and his brother.
No your uncle cannot create any problem in future.
If the settlement deed is registered then apply for a certified copy of deed to safe guard yourself.
Dear Sir,
The legal remedy available with you is to file a suit of partition which will take a few years to finish. Other than that, you can convince them and execute a partition deed and can get the same duly registered before the sub registrar.
Property in joint name so sale by single owner will be criminal act. You can apply for certify copy of sale deed. Oral Partition deed is valid but writing deed msut be registered. Registered the partition deed.
Than your ownership is secure in all aspects.
1. Based on the "Xerox copies of land and panchnama document", apply for certified copies of the same from the offices of Registrar (where the documents were duly registered.
2. Till you have physical possession of the property, you are legally safe for all purposes and nobody will be able to claim on your share.
3. Issue a Legal Notice (or a caveat) to the Land Authority (Tahsil) office that further transfer or sale should not be allowed without you being heard or consented. Issue Notice to Uncle to restraining from selling or alienating or mortgaging the joint property.
If you feel that they will harm you I'm future you can always file a complaint to police in advance about your apprehension.
you have to apply for the certified copies from the concerned sub-registrar office as well as revenue department .
If you are so much worried about this then you may obtain a certified copy of the registration document and also get the panchnama document registered by paying the stamp duty to confirm your title in the property.
- As per the information mentioned in the present query, makes it clear that the property has already been divided and all have been living peacefully, but it just that you have the xerox and not original of the written partition, you are worried about their future action, if any against you.
- See, Though you have the copy of the same not being the original doesn’t really matter as they also have the same which they will have to rely upon if they happen to something illegal.
- And the fact of all living separately in the same area is also the proof of having been separated as per the document that you and they have and finally, proof of possession is the biggest proof that someone can have.