My late father had four brothers and our ancestral land was divided equally among them around 50 years ago. There is no documentary evidence of this division/partition. Each parcener is utilizing his part of the land as per his needs such as agriculture, business, etc. and some had sold their part also to a third party. Farmer books (Kisan Bahi) were issued to all parceners for the lands by the appropriate government authority (revenue department). With the passing time families expanded and accordingly lands of their respective parts have been further subdivided among themselves as usually happens. As a holder of ¼ of total land we neither sold our part of land nor utilized in any other activities but now intend to use some part of it for opening a school by creating a family trust and some part for any other commercial use. My question is that, before starting any activity what legal action /formality should I undertake so that none of the parceners can claim their right in our part in the future.
Oral partition of land is valid . Mutation has been carried out on basis of partition agreed between family members
2) I presume mutation has been carried out in your name for one fourth of land in your possession
3) apply to survey office for demarcation of boundaries of your land
4) the open family trust for running a school
If the same is not legally divided through a partition deed or family settlement deed and if your brothers are not supportive in your ventures they may harass you by filing false cases and claims
- As per the Supreme Court ,if a family settlement is resolves family disputes , after fairly and equitable division of the property then the family arrangement is valid.
- Further, this family arrangements may be written or even oral as well , and registration of the same is not mandatory.
- Since, the said property was distributed by them around 50 years , hence that division was a valid division even there is not documentary evidence for the same.
- Further, as you want to run a school from your share in the property , hence for your safeguard , you can apply for getting mutation , and demarcation , after further forming a trust you can start the same.
Oral partition is valid. All you need is to fence your portion so that location can be easily track. Your title on 1/4th land is indisputable due to long possesion.
Documentation will attract useless heavy stamp duty.
You have to make all current possession land on your name like all mutation papers along with the layout and boundary of the land.
Prepare a registered partition deed so that everyone's share will get separated.
Since you have not used this land from last 50 years it will be good for you to just start your activity because if you are taking any legal at some that will Ignite the issue and maybe those who are using this land since 50 years they will claim the ownership since land has been divided among the family and this is ancestral property this will be easily proved to be yours share.
Based on your land records you may move for your utilisation and act only when you receive any notice from any party
1. IF your 25% share of property is duly mutated /transferred in your name in the Revenue Records AND IF the property is duly demarcated (via a Govt. Survey layout plan and report) and sub-division duly numbered, THEN there is no requirement of any documentation etc.... that needs to be conducted in any manner whatsoever.
2. IF at any dispute arises in future, THEN you can petition the local Civil Court, for a restraining order on other three co-owners, from interfering in your project or land.
3. IF things are amicable between other co-owners, THEN a registered Settlement Deed can executed with strategic clauses to indemnify each other and to refrain from any futuristic legal dispute /claims /losses /whatever.... (depending on objectives & circumstances).
Dear Sir,
You are suggested to confirm and get the mutation of portion of land which is your possession/ownership.
Dear sir,
As per the partition your holding the share of yours property and in that share you are the legal owner of the property, if so in such a case they wint be any issue raised in future, I'd suppose the property is not divided and you on yourself have divided and assumed that this is your share in such a case legal issue may arise they may file a suit against you in future so to come our of this situation you please consult all your parceners and take consent in the paper which is signed by all of the parties that they have no objection to it and your the legal owner of that share by which you will have a hold on the property and can easily approach for establishing a school.
Get the particular part of the land registered on either the name of trust or yours
Since this share of property is in possession and enjoyment of your father ever since there was an oral partition among the siblings, he becomes the absolute owner of th property.
He can form a private trust.
As per the Indian Trust Act, 1882, a trust may be created for any lawful purpose and may be formed by the settlor (the person creating the trust) in his/her life time by a non-testamentary instrument or thereafter, through a testamentary instrument (a Will).
Since there was no proper partition among the siblings except for the said oral partition, based on the oral partition as well as operating the law of adverse possession, your father may challenge their claim, if someone may make it.
Since the oral partition is valid in law, you can apply for mutation, For getting the subject property mutated in your name, you will have to apply to the land authority, i.e., being the competent authority having the jurisdiction by producing the affidavit of all heirs and other relevant title documents, by virtue of which you are claiming your ownership rights.
1. You should ask your father to execute a Gift deed of his share on your name or name of trust you are going to form.
2. If his brothers are alive then he can also make a settlement deed with them mentioning shares of all brothers with locations.
