Avoid him. No Objection since 15 years. Your title and possession is safe. This will consider oral partition.
How does land property gets divided among brothers
Hi Sir, Need clarification on how the land gets divided among brothers. Actually we bought land around 15 years back and since then we have been living there. we got our land mutation done a few months back after that seller's brother turned up saying that he has a share in the land and wants his part. Though the seller, who sold the land said that he had got the property in the mutual division of the property with his brothers but now they are objecting it. Since all three brother have 12 acre of land in total in different khasra no. and we have bought less than 1 acre. so the question arises are they going to get the share from each khasra number or in total? please let me know the section of law where I can read in detail about this. (Up revenue law)
Asked 6 years ago in Property Law
Religion: Hindu
19 Answers
if the mutual division among the brothers is in writing?
since the sale deed and the mutation is in your name, therefore, you are quite safe, however, you should have bought the partitioned land
their share depends upon the mutual understanding,
it is not compulsary that each brother will get share in each khasra number
Brothers would get share in total land
2) you have stated that seller informed you that he got the land in mutual division with brothers
3) if so memorandum of family arrangement or deed of partition must have been executed
4) ask seller to provide you certified copy of settlement arrived at with brothers
1. Well it appears that the 3 brothers have undivided 1/3rd share in the 12 acres of land and hence each of the seller has 3 acres of undivided land in the joint property.
2. In that context your seller has sold you well within his 3 acres of share and there is no legal impediment in selling undivided share in a joint property within his share.
3. So the claim of the brother of the seller has no basis in the law but however to avoid future complications on this ground this is advisable to file a suit for partition under section 4 of the partition act to demarcate your 1 acre of land by way of final decree.
You can get a settlement deed or registered partition deed for the same
The land was sold to you by a brother who claimed it as his own. Now after 15 years they cannot challenge the sale. The limitation period is over. Also you must have been using the land. That is sufficient proof that they knew.
Even if he didn't know then too they cannot claim it back.
he can not take the benefit as his plea will be time barred and can not take the stand all of the sudden. You are the actual owner and all the documents are in your favour.
See if there is registered family partition or settlement deed of the seller and from his own share if he sold the land then in that case he cannot claim share from you.
Also all the co-owners get equal value share not each one in every khasra.
1. Unless the documents of property are perused it is not possible to answer a question like this.
2. If the land was partitioned according to a partition deed then the share which went to the seller was his separate property which he could alienate in the same manner as his self acquired property.
Since you have purchased your property by a registered sale deed, if the purchased property has not been properly demarcated, then you can get a government surveyor to survey the property and mark your boundaries.
However if the property was not identified at the time of sale, then you can file a partition suit to partition and divide the property and to allot your share of property as per the registered sale deed in your possession.
If you have already got the correct share of property and the opposite party is unnecessarily creating any problem, then you may ask him to proceed through court of law which can be challenged accordingly.
You can discuss with your advocate on all such issues at length before taking any decision.
sir the Tehsildar has revoked our mutation order and has ordered for the restoration of the revenue records to the earlier version. Now how shall we proceed in this? does registration of land have any validity ? does it gets expired after a certain year if the mutation is not done?
Asked 6 years ago
Mutation in revenue records does not confer title to property
it is only for payment of property taxes
file appeal against order passed by tehsildar
Mutation records of a proeprty is not a title document.
If the Tehsildar has revoked the mutation records, then you may prefer an appeal agaisnt the unjustified revocation before the district collector and seek relief of reinstating the mutation.
You may approach civil court with a suit for mandatory injunction against the Tehsildar and collector seeking direction to do the needful for mutating the records
See registration of land is valid, and it has validity even after the mutation is cancelled.
See you can file appeal to mutation cancellation order passed by the tehsildar.
You can file writ petition under Article 227 of the Constitution in the high court and challenge order of Tehasildhar
Mutation dose not confer title. Till sale deed not cancelled by order of civil court. Your ownership is intact. Challenge the tehsildaar order as done arbitrarily. Without issuing notice to you, revocation not valid.
You can appeal to tehsildars order and seek directions from appellate authority
1. Yes registration of land is valid because sale of land is done 15 year ago.
2. You can file suit for permanent injunction against seller and his brother for not interfering in your possession till disposal of case.
3. Also ask seller to provide partition deed by which partition was done.
No this is not so. Registration is very essential. Mutation can be done afterwards. File a case in the tehsil.
The land gets divided among brothers by way of either Family settlement deed / partition deed / relinquishment deed.
Yes the registration of land is valid. It does not get expired after lapse of certain time if mutation is not done.
However, you demand your seller to produce his source of title through which he sold the property to you. If it is divided among the brothers legally through any one of above deeds it is enough.
